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Reasons
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(영문) 전주지방법원 2018.04.12 2017나1700
임대차보증금
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1. Of the judgment of the court of first instance, KRW 19,546,716 against the Plaintiff and its related thereto, from May 1, 2015 to January 25, 2017.

Reasons

1. Basic facts

A. On March 1, 2011, the Plaintiff leased 30,000,000 deposit money, monthly rent of KRW 1,500,000, and the term of lease from March 1, 201 to February 28, 2014, of reinforced concrete, and of KRW 1,50,000, which are located in Seo-gu Seoul Special Metropolitan City C (hereinafter “instant building”).

After July 201, 201, the plaintiff and the defendant changed the above contents of the contract (hereinafter referred to as the "instant lease contract") with deposit deposit of KRW 80,000,000,000 per month, and KRW 2,00,000 per month. The plaintiff paid deposit of KRW 80,000 to the defendant around that time.

B. Three contracts entered into in relation to the instant lease agreement are as follows. The main contents of each contract are as follows.

1) Dateless non-contract (Evidence A 1 - Deposit 80,000,000, monthly rent 2,000,000, term of lease from March 1, 2011 to February 28, 2014 - Special agreement

2. Where an administrative measure is taken by the museum, all of the key money shall not be returned.

2) Written contract dated March 10, 2012 (Evidence B 2 - Deposit 80,000,000, and no rent item is written, and the term of the lease is 36 months from February 28, 2011 to 36 months

2. When the Government is subject to administrative measures by the Government, all the deposits shall not be returned;

-special agreement

3. Up to 500,000 won per month for the renovation and repair of building and land.

3) A contract dated March 1, 2014 (Evidence B 3 - Deposit of KRW 80,000,000, monthly rent of KRW 2,000,000, and period of lease of KRW 2,00,000, from March 1, 2014 to the change of representative, the special agreement shall be made. The special provisions of the previous contract shall be linked to the previous contract.

C. In addition to KRW 80,000,000 as stated in the above paragraph (a), the Plaintiff paid KRW 50,000,000 in total to the Defendant on June 28, 2013, and KRW 4,000,000 on July 1, 2013, and KRW 15,000 on July 15, 2013, and KRW 6,00,000 on July 16, 2013, and KRW 50,000,000 on February 6, 2014.

The instant lease agreement was terminated on April 2015, and the Plaintiff, on the temporary basis, delivered the instant building to the Defendant.

E. The Plaintiff on April 2015

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