(영문) 인천지방법원 2019.02.13 2018가단22984

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(영문) 인천지방법원 2019.02.13 2018가단22984

임차보증금

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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from September 14, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On May 15, 2017, the Defendant concluded the instant lease agreement with C, setting the lease deposit amount of KRW 40,000,000, monthly rent of KRW 2,000,000, and the period of KRW 24 months (from May 15, 2017 to May 14, 2019) for the lease of the D Building E (hereinafter “instant real estate”).

3. Where all expenses incurred in the use of a commercial building have been unpaid at the time the lease contract is terminated, such as rents, public charges and management expenses of commercial buildings, the lessor shall refund the remainder of the rental deposit after deducting them from the rental deposit;

4. A lessor shall pay a security deposit to the plaintiff A (the resident registration number and telephone number) after deducting relevant expenses, such as rents, public charges, and commercial facilities management expenses, which have not been paid at the expiration of the contract, and the lessee shall consent thereto;

B. On May 15, 2017, the Plaintiff lent KRW 50,000,00 to C. At the time of entering into the instant lease agreement with the Defendant and the Plaintiff as well as the Plaintiff at the time of entering into the instant lease agreement for the purpose of securing the repayment of the said loan. Paragraphs (3) and (4) of the special terms of the instant lease agreement were written as follows.

C. However, on April 27, 2018, the Defendant agreed to terminate the instant lease agreement between C and C, and returned KRW 40,000,000 to C around July 11, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiff's assertion 1) The defendant, at the time of termination of the lease, agreed to pay the plaintiff KRW 40,000,000 for the lease contract of this case. Nevertheless, the defendant violated the above special agreement and returned the lease deposit to C. Thus, the defendant is liable to pay the plaintiff the above lease deposit amount of KRW 40,000,000 and damages for delay.

유사 판례

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