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(영문) 인천지방법원 2019.03.28 2018가단25921

임대차보증금반환

Text

1. The Defendant: (a) KRW 110,389,600 for the Plaintiff and KRW 5% per annum from November 9, 2018 to January 22, 2019; and (b).

Reasons

1. Facts of recognition;

A. On July 7, 2008, the Plaintiff leased the Gyeyang-gu Incheon apartment and D (hereinafter referred to as the “instant apartment”) from the Defendant as the lease term of KRW 24 months from July 30, 2008, and KRW 50 million from the lease deposit. Around July 30, 2008, the Plaintiff paid the lease deposit to the Defendant and resided in the said apartment after being transferred from the Defendant.

B. On June 22, 2016, while the Plaintiff continued to reside in the instant apartment with the Defendant, the Plaintiff entered into a lease agreement with the Defendant, setting the lease term from July 31, 2016 to July 30, 2018 (24 months) and the lease deposit amount of KRW 110 million (hereinafter “the instant lease agreement”).

Of the lease deposit amounting to KRW 10 million, KRW 78 million was replaced by the previous lease deposit, and the Plaintiff paid KRW 32 million to the Defendant on July 31, 2016.

다. 원고는 2018. 7. 17. 피고에게, 이 사건 아파트의 재임대와 관련해 재계약서를 작성하고 싶다는 내용과, 아파트 베란다 쪽 방문이 뻑뻑해서 잘 열리지 않으므로 수리해 달라는 취지의 문자메시지를 보냈다.

The defendant responded to the purport that the defendant will contact the preparation of the re-contract later, and that the broken door during the use of the leased object should be used by the lessee.

From that time, the Plaintiff and the Defendant asserted whether they should enjoy the repair of the bend door of the apartment of this case (or the cost of repair). Ultimately, the Plaintiff and the Defendant did not enter into a renewed rental agreement on the apartment of this case.

On July 24, 2018, there was no intention to renew the lease agreement of the apartment of this case to the Defendant, and the Plaintiff sent a certificate demanding the repayment of KRW 110 million by August 17, 2018.

The plaintiff on 2018.