(영문) 울산지방법원 2018.09.20 2017가단69931

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(영문) 울산지방법원 2018.09.20 2017가단69931

보증금반환

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1. The Defendant’s KRW 4,618,580 as well as the Plaintiff’s annual rate of 5% from April 17, 2018 to September 20, 2018, and the following.

Reasons

1. The facts subsequent to the facts of recognition are recognized as either a dispute between the parties or in full view of Gap evidence of 1 to 11, Eul evidence of 1 to 5, Eul's testimony and the whole purport of the pleadings.

A. On February 15, 2014, the Plaintiff leased 10,000,000 won for lease deposit, monthly rent of KRW 1,700,000, and from January 1, 2014 to December 31, 2016, the Plaintiff paid KRW 10,000 for lease deposit to the Defendant around that time.

B. On February 15, 2014, the Defendant paid KRW 20,000,000 for the premium to E in relation to the instant first lease.

C. Upon the termination of the first lease of this case, the Plaintiff leased the instant restaurant from the Defendant, on January 2, 2017, KRW 10,000,000, KRW 2,000 per month of rent, and the term of lease from January 2, 2017 to January 1, 2018 (hereinafter “instant second lease”), and the payment of the lease deposit was substituted by the payment at the time of the instant first lease.

The second lease agreement of this case contains a special clause that "Lessee transfers business rights to lessor upon expiration of the contract."

E. As of January 1, 2018, the Plaintiff did not pay KRW 4,800,000 for the rent stipulated in the instant secondary rental agreement.

In addition, the Plaintiff did not pay 581,420 won the electricity fee of the instant restaurant, and the Defendant paid it on behalf of the Plaintiff.

F. On April 16, 2018, the Plaintiff delivered the instant restaurant to the Defendant.

G. The Plaintiff, from the early October 2017 Police Officer to the time of delivery of the instant restaurant, was equipped with equipment, etc. in the instant restaurant, but did not close the cafeteria and did not operate the business.

2. For the following reasons, the Defendant is obligated to pay the Plaintiff KRW 40,000,000 and delay damages therefor.

The defendant of KRW 30,000,000 is related to the first lease of this case.

유사 판례

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