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(영문) 수원지방법원 평택지원 2018.02.27 2017가단62417

임대차보증금

Text

1. The defendant's delivery from the plaintiff of Ansan-si apartment, 116 Dong 404, and simultaneously with the plaintiff 140,000.

Reasons

1. The Plaintiff concluded a lease contract with the Defendant on September 6, 2013 with the term of lease between October 31, 2013 and October 30, 2015, with the term of lease of KRW 140,000,00, and the Plaintiff received the instant apartment from the Defendant on delivery of KRW 140,00,00,00 from the Defendant, taking into account the following facts: (a) the Plaintiff concluded a lease contract with the Defendant on September 6, 2013 with respect to the instant apartment and KRW 140,00,00,000; and (b) the Plaintiff concluded a lease contract with the Defendant on October 31, 2017 with respect to the instant apartment and KRW 140,00,00,000,000 with respect to the term of lease; and (c) concluded the lease contract with the Defendant on October 2, 2017 to KRW 10,000,000.

According to the above facts, the lease contract of this case was terminated on October 31, 2017, and thus, the defendant is obligated to return 140,000,000 won to the plaintiff.

Meanwhile, the Plaintiff’s duty to return the lease deposit is in the simultaneous performance of the Defendant’s duty to deliver the instant building, and the Plaintiff’s failure to pay the rent from October 1, 2017, without dispute between the parties, is obligated to pay the remainder after deducting KRW 220,000 from KRW 140,000 to the Plaintiff at the same time as the Plaintiff’s delivery of the instant apartment from October 1, 2017 to the completion date of delivery of the instant apartment.

In addition, comprehensively taking account of the purport of the entire arguments as seen earlier, the Plaintiff paid KRW 3,00,000 to A with the provisional contract amount of D apartment 102 703 dong 703 when the Plaintiff was aware of the fact that on September 9, 2017, the Plaintiff paid the Defendant a new director as above.