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(영문) 서울서부지방법원 2019.08.23 2019나382

임대차보증금반환

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On June 18, 2013, for residential stability of vulnerable residential groups, including recipients of basic living benefits, the Korea Corporation took out a lease agreement with the Defendants on the lease of the leased money provided by the Government and entered into between the Defendants on the lease money for the Eudio F of Seodaemun-gu Seoul (hereinafter “instant real estate”). D Corporation as the Plaintiff entered into a lease agreement with the Defendants on the lease money for the lease of KRW 75 million from the Defendants. On June 18, 2013, the Plaintiff entered into a lease agreement with D Corporation on the lease money for the lease of the instant real estate with the period from June 28, 2013 to June 27, 2015 (hereinafter “instant lease agreement”). The Plaintiff entered into a lease agreement with the Plaintiff setting the lease money for the lease money of KRW 75 million from the D Corporation’s June 28, 2013 to June 27, 2015 (hereinafter “the instant real estate”).

The Plaintiff and the Defendants concluded a lease agreement with a deposit of KRW 90 million for the instant real estate under a side agreement. The Plaintiff paid the Defendants a down payment of KRW 15 million in addition to the down payment of KRW 3.75 million. The Defendants returned KRW 15 million to the Plaintiff on May 18, 2015 and KRW 13 million on June 17, 2015.

B. On June 18, 2013, the Plaintiff paid the down payment of KRW 3.75 million (hereinafter “instant down payment”) to the Defendants, and on June 28, 2013, D Corporation paid the remainder of KRW 71.25 million (=75 million - 3.75 million) to the Defendants.

C. On June 17, 2015, the Plaintiff handed over the instant real estate to the Defendants.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 4 and 10, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the lease contract of this case was terminated at the expiration of the lease term, and the Defendants did not refund the contract deposit of this case to the Plaintiff. The Defendants jointly have the obligation to jointly return the amount of KRW 3750,000 to the Plaintiff and pay the statutory interest or delay

(b) Determination Dok, Eul evidence Nos. 5 and 6.