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(영문) 대전지방법원 2016.03.29 2015가단27726

임대차보증금 반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around October 13, 2003, the Plaintiff and the Defendant concluded a construction contract that the Plaintiff shall undertake reconstruction of the second floor commercial building in the Jeonbuk-gun, Jeonbuk-gun, the Defendant owned, and the Defendant shall pay the construction cost to the Plaintiff. The Plaintiff started construction around that time.

Article 3 The total construction cost shall be KRW 43,000,000.

The down payment shall be KRW 10,000,000, and it shall be October 13, 2003.

The intermediate payment shall be KRW 8,000,000 after the completion of the work.

The remaining amount shall be 25,00,000 won as deposit for the lease of the part of reconstruction work executed by the plaintiff.

Upon delivery of the remaining amount, a charter contract shall be prepared, and the monthly rent of KRW 200,00 shall be paid to the defendant from the time of preparation.

B. While the Plaintiff’s construction work is underway, the Plaintiff and the Defendant drafted a written agreement on the implementation of the construction contract as follows:

(hereinafter referred to as “instant agreement”). C.

On March 21, 2004, the Plaintiff leased the second floor office owned by the Defendant (hereinafter “instant office”) to D with a deposit of KRW 10,000,000, monthly rent of KRW 300,000.

On March 13, 2015, the Plaintiff: (a) deposited KRW 25,00,000,000 for the Corporation; and (b) leased the instant office to the Defendant; (c) paid KRW 200,000 monthly deposit to the Defendant; and (d) paid the Defendant the monthly deposit KRW 25,000,000 for the termination of the instant contract; and (c) sent a letter of content-certified mail demanding the Defendant to return KRW 25,00,00

E. The Defendant was handed over the instant office on July 1, 2015.

[Based on recognition] The items of Gap evidence 1 to Gap evidence 4, Eul evidence 1 and 2 (including paper numbers), the purport of the whole pleadings

2. Determination:

A. In light of the above facts, the Plaintiff and the Defendant drafted the instant agreement, thereby making use of and making profits from the instant office, and paying the remainder of construction cost to the Defendant to the Plaintiff at KRW 25,000,000 to the Defendant as deposit money for the instant office, but the Plaintiff is entitled to pay the remainder of construction cost to the Defendant, as KRW 25,00,000.