beta
Text
1. The Defendant’s KRW 46 million to the Plaintiff, as well as 5% per annum from December 17, 2014 to April 3, 2015.
Reasons
1. On December 12, 2011, the Plaintiff leased the lease deposit amount of KRW 50 million, monthly rent of KRW 200,000,000,000 from the Defendant, Seongbuk-gu Seoul Branch Office (hereinafter “instant real estate”) from the Defendant during the period from January 19, 201 to January 19, 2014.
(hereinafter “instant lease agreement.” The Plaintiff occupied and managed the instant real estate upon delivery, and delivered it to the Defendant on December 16, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1, the purport of the whole pleadings
2. Determination
A. According to the facts of the determination on the part of the claim for return of deposit for lease, the instant lease agreement was terminated on January 19, 2014, and the Plaintiff delivered the instant real estate to the Defendant on December 16, 2014, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the deposit amount of KRW 50 million and delay damages from December 17, 2014 to the date of full payment.
(A) The Plaintiff asserted that the instant lease contract was terminated by notifying the Defendant of the termination of the contract on July 2012 due to the Defendant’s failure to perform the repair obligation. However, the Plaintiff’s written evidence No. 3 alone is insufficient to acknowledge that the Plaintiff failed to perform the repair obligation and notified the Defendant of the termination of the instant lease agreement on July 2012, and there is no other evidence to acknowledge it, and the said assertion is not accepted). (2) The Defendant’s assertion regarding the Defendant’s defense of mutual aid (A) the Plaintiff did not pay rent and unjust enrichment from July 19, 2012 to December 16, 2014, since the Plaintiff did not pay the Defendant the rent and unjust enrichment from the delivery of the instant real estate from July 19, 2012 to December 16, 2014, the said amount should be deducted from KRW
(B) The fact that the Plaintiff did not pay the Defendant the rent and the unjust enrichment from the rent during the period of the Defendant’s assertion does not conflict between the parties.
(1) First, the rent from July 19, 2012 to January 19, 2014 is deemed to have been reduced.
A lessor in a lease contract shall be the lessor.