logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.09.13 2018나332
임대차보증금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On February 17, 2012, C leased the lease deposit amount of KRW 20,000,000, monthly rent of KRW 500,000, and the lease term of KRW 500,000 from the Defendant from February 20, 2012 to February 20, 2014.

(hereinafter “instant lease agreement”). Since then, C and the Defendant agreed to renew the instant lease agreement to renew the lease agreement, KRW 20,000,000 per lease deposit, KRW 800,000 per month of rent, and the lease period from February 20, 2014 to February 19, 2016.

B. C and the Plaintiff operated a private teaching institute at the instant store during the period of the above lease.

C. The instant lease agreement has increased to KRW 1,00,000 in the middle, and C paid monthly rent of KRW 1,000,000 to the Defendant until November 19, 2014; however, during the period from November 20, 2014 to October 19, 2015, KRW 500,000 out of monthly rent was paid to the Defendant. From October 20, 2015 to February 19, 2016, the instant lease agreement was not paid entirely.

Therefore, the rent unpaid until the expiration date of the instant lease agreement is the sum of KRW 9,500,000 (=500,000 for each 11-month amounting to KRW 5,500,000,000 for each of 11 months, which is unpaid for each of four months). D.

The instant lease contract was terminated on February 2016 due to the expiration of the contract term.

E. On August 2, 2017, C transferred KRW 20,000,00 to the Plaintiff for the refund of lease deposit upon the termination of the instant lease agreement, and notified the Defendant of the assignment of the claim on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, and Eul evidence 1 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above findings of the determination on the cause of the claim, since the lease contract of this case was terminated upon the expiration of the period, the Defendant, a lessor, is the Plaintiff, the transferee of the right to refund the lease deposit of this case.

arrow