logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.05.23 2015가단5343523
손해배상(기)
Text

1. The Defendant’s KRW 6,930,00 for the Plaintiff and 6% per annum from October 8, 2015 to May 23, 2017.

Reasons

1. Basic facts

A. On September 11, 2012, the Plaintiff entered into a contract with the Defendant to lease approximately KRW 231 square meters (hereinafter “instant store”) out of the Defendant with a deposit amount of KRW 20 million, monthly rent of KRW 1.95 million, monthly management and maintenance expenses, monthly rent of KRW 1.55 million, and period of lease from October 1, 2012 to September 30, 2013 (hereinafter “instant lease contract”). Around that time, the Plaintiff occupied and used the instant store by receiving full payment of the deposit to the Defendant and taking over the instant store.

B. While the instant lease agreement was implicitly renewed, the Defendant notified the Plaintiff of the refusal to renew the instant lease agreement on July 2, 2015, and the Plaintiff delivered the instant store to the Defendant on October 7, 2015.

(Plaintiff asserts that the instant lease contract was terminated by agreement with the Defendant on October 7, 2015, and the Defendant asserts that the period of termination on September 30, 2015 has expired. The Plaintiff and the Defendant asserted that the period of termination on September 30, 2015 is different from each other. However, there is no dispute as to the termination of the instant lease contract.

On November 12, 2015, the Plaintiff paid 8,954,437 won as part of the deposit to the Plaintiff on November 12, 2015.

[Grounds for Recognition: Facts without dispute, Gap 1, 2, Eul 3's each entry, the purport of the whole pleadings]

2. Determination on the remaining part of the claim for deposit

A. According to the facts of the judgment on the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remainder deposit of KRW 6,930,000 (20,000,000 for security deposit - total of KRW 4,115,563 - 8,954,437 for advance payment) and damages for delay.

B. The defendant's assertion (1) although the plaintiff is obligated to restore it to its original state in accordance with the instant lease agreement, the defendant's failure to implement it.

arrow