(영문) 의정부지방법원 2014.12.30 2014가단39978

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(영문) 의정부지방법원 2014.12.30 2014가단39978

임대보증금반환

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1. The Defendant: (a) KRW 74,400,000 for the Plaintiff and 5% per annum from December 12, 2014 to December 30, 2014; and (b) the Plaintiff.

Reasons

1. Comprehensively taking account of the purport of Gap evidence No. 1’s argument as to the cause of the claim, the plaintiff: (a) on September 1, 2010, leased the building Nos. 1002 on the 10th, Dong-si C, D, and E-ground F Buildings No. 1002 (hereinafter “instant building”) from the defendant for two years; (b) around that time, the plaintiff paid the defendant a deposit of KRW 70,000,000; and (c) on August 27, 2012, the plaintiff re-leased the building of this case from the defendant for the period from August 27, 2012 to August 26, 2014 (hereinafter “instant lease”); and (d) on the return of the increased deposit amount of KRW 5,000,000 to the defendant; and (e) on the return of the building of this case to the defendant, the plaintiff may recognize the fact that he paid the building of this case to the defendant.

According to the above facts, it is apparent that the lease contract of this case was terminated on August 26, 2014. Thus, the defendant is obliged to pay damages for delay at each rate of 74,400,000 won and 20% per annum under the Civil Act from December 12, 2014, which is the day following the return of the building of this case, to December 30, 2014, which is deemed reasonable to dispute over the existence or scope of the defendant's obligation to perform, as requested by the plaintiff, from December 12, 2014 to December 30, 2014, and from the next day to the day of full payment.

2. The defendant's assertion that the defendant can receive the deposit from the new tenant and return the deposit to the plaintiff. Since the plaintiff interfered with the contract with the new tenant, the plaintiff's claim for the refund of the deposit is unjust.

If the lessee returns the object to the lessor after the lease relationship is terminated, the lessor must return the deposit without any condition. Thus, the defendant's assertion does not constitute a ground for preventing the plaintiff from claiming the return of the deposit.

Therefore, the defendant.

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