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(영문) 부산지방법원동부지원 2016.10.11 2016가단206286
임대보증금반환
Text

1. The defendant shall pay 3,943,930 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion is that, upon the termination of the lease agreement, the Plaintiff transferred the commercial building located in Suwon-gu, Busan to the Defendant, and thus, the Plaintiff sought the return of the lease deposit amount of KRW 35 million.

B. The defendant's assertion that the plaintiff did not restore the commercial building to its original state properly while transferring the commercial building, and accordingly, the defendant asserts that 600,000 won for removal and repair of signboards, glass, etc., 300,000 won for remuneration of fire doors, 31,80,000 won for sewage treatment, 124,270 won for unpaid electricity charges, and 1,056,070 won for the remainder of lease deposit after deducting the same amount, and that 33,943,930 won for the lease deposit shall be refunded.

2. Determination

A. In a lease agreement, a security deposit is to secure all the obligations of a lessee arising from the lease after the termination of the lease agreement until the time the leased object is delivered to the lessor. The amount equivalent to the secured obligation is naturally deducted from the security deposit without any separate declaration of intention, barring any special circumstance. Therefore, the lessor is obligated to return the remainder remaining after deducting the secured obligation from the security deposit to the lessee.

B. In full view of the following circumstances as to this case’s health stand, Eul’s evidence Nos. 1 and 2 and the purport of the entire pleadings, the lessee shall restore the object to its original state upon the termination of the lease (Articles 654 and 615 of the Civil Act). The Plaintiff did not remove signboards, etc. installed for the Plaintiff’s business after delivering a commercial building to the Defendant after the termination of the lease, and did not remove some wastes; and the Plaintiff did not repair part of the damaged internal facilities, thereby failing to properly perform the duty of restoration as a lessee; ② the Defendant failed to perform the duty of restoration as a lessee due to the failure to repair part of the damaged internal facilities; ② the Defendant’s signboard, glass, etc.’s removal and repair cost; KRW 600,00; KRW 30,000; KRW 31,800; and the Plaintiff’s unpaid electricity charges of KRW 124,270; and KRW 1,56.

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