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(영문) 의정부지방법원 2019.05.16 2018나215184
보증금반환
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff, the appointed party) and the counterclaim claim filed by this court are dismissed.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 12, 2007, the Plaintiff entered into a lease agreement with the Defendant and the Selection Party C (hereinafter “the Defendant”) on the first floor of the Ilyang-dong-gu Seoul Metropolitan Government D and E F building located in Yongsan-gu (hereinafter “instant store”) with the term of the contract for five years from the opening date, the deposit amount is KRW 1 billion, and the monthly rent is KRW 13 billion, and agreed to extend the said term of the lease from the Defendants for five years from February 2, 2012 to February 1, 2017.

(hereinafter referred to as the “instant lease agreement”). (b)

On February 1, 2017, the instant lease agreement expired, and the Plaintiff delivered the instant store to the Defendants on the same day. On the same day, the Defendants paid 906,859,447 won (i.e., KRW 1 billion - KRW 88,628,112 - KRW 1,81,70,870 under the name of the deposit 1 billion, excluding KRW 1,70,870 under the name of the rental fee, and KRW 2,70,870 under the name of the management fee (i.e., KRW 88,628,571 - KRW 1,811,112 - 2,70,870) to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 4, the purport of the whole pleadings

2. Summary of the parties' arguments

A. Since the Plaintiff’s instant lease agreement was terminated, the Defendants, a lessor, were to return the lease deposit to the Plaintiff, a lessee. The Defendants asserted that the Plaintiff did not pay management expenses, and did not pay KRW 2,700,870 out of the lease deposit. Therefore, they seek reimbursement of the relevant amount and damages for delay.

B. It is recognized that the Plaintiff paid management expenses of KRW 2,700,870. However, the Plaintiff, as a lessee, did not perform its duty to restore the instant store to its original state before the instant lease agreement, although it was obligated to return it to its original state.

Accordingly, the cost of restoring the store of this case to its original state is 660,000 won, fire warning is required.

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