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(영문) 대구지방법원 2014.10.07 2013가단61487

보증금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 31, 2010, the Plaintiff entered into a lease agreement with the Defendant on approximately 20 square meters among the 127.58 square meters of the 1st floor of the building located in Jung-gu, Daegu, which is owned by the Defendant (hereinafter “instant building”), and operated the instant building on July 31, 201, with a deposit of KRW 30 million, the rent of KRW 2350,000,000,000 for the rent of KRW 2350,000,000 for the rent of KRW 2350,000,000 for the rent of KRW 31, 201. The lease agreement period was extended by July 31, 2013.

(hereinafter, whether before or after the extension, the instant lease contract is “the instant lease”). (b)

On June 2013, the Plaintiff notified the Defendant of the termination of the instant lease agreement, and the Defendant also consented to the termination of the lease agreement without indicating his intention to renew the contract.

C. On November 19, 2010, the Plaintiff filed an application for settlement prior to filing a lawsuit with the Daegu District Court for the instant lease agreement, and on November 19, 2010, the said court terminated or terminated the instant lease agreement, the Defendant paid to the Plaintiff any balance remaining after deducting all obligations and damages to be paid by the Plaintiff from the lease deposit, and the Plaintiff prepared a protocol of protocol that the Plaintiff should restore all goods owned or kept by the Plaintiff from the instant building to its original state and deliver them to the Defendant.

Based on the above protocol, the Defendant filed an application against the Plaintiff for the execution of the delivery of the instant building, and on January 2, 2014, on deposit money to be returned to the Plaintiff, deposited KRW 14,54,130,00 calculated by deducting the monthly rent equivalent from August 1, 2013 to December 31, 2013, the following day after the termination date of the instant lease agreement, as well as the delayed payment of KRW 13,035,00 from the lease deposit money to be returned to the Plaintiff.

E. On February 20, 2014, an enforcement officer of the Daegu District Court removed a house, such as air conditioners, air conditioners, and air conditioners, which are owned by the Plaintiff, from the instant building, and then removed the instant building.