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(영문) 서울동부지방법원 2018.10.19 2018가단101025

임대차보증금

Text

1. The defendant shall pay 178,200,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Facts of recognition;

A. On January 4, 2013, the Plaintiff entered into a contract with the Defendant to lease D Apartment E (hereinafter “instant apartment”) of Seoul Special Metropolitan City, Nowon-gu, Seoul (hereinafter “instant apartment”) at KRW 140,000,000 with the Defendant and for two years.

B. On December 15, 2014, when the term of the said lease contract was terminated, the Plaintiff concluded a renewal contract with the Defendant on January 5, 2015 to January 5, 2017, by increasing the deposit to KRW 180,000,000, and the term of the contract was extended to January 5, 2015.

(hereinafter “instant lease agreement”). C.

On November 7, 2016, prior to the termination of the above lease agreement, the Defendant sent to the Plaintiff a document evidencing that the deposit was additionally increased by KRW 40,000,000 or that the monthly rent of KRW 200,000 was additionally paid to the Plaintiff.

Although the Plaintiff knew that the terms and conditions of the lease agreement were to be renewed, the Plaintiff sent a text message to the Defendant, stating that the loan of KRW 40,000,000 from the previous generation would not take place, but would be paid KRW 200,000 on December 20, 2016. On December 30, 2016, the Plaintiff will make a contract with a condition that the deposit would be increased by KRW 40,00,000 for the future that the loan would be possible at around December 30, 2016.

However, on January 4, 2017, the defendant asserted that the original defendant had already agreed on the renewal of the contract on condition of additional payment of monthly rent, and notified the original defendant that he sent it by mail.

E. On January 6, 2017, the Plaintiff asserted that no agreement was reached on the terms and conditions for the renewal of the instant lease agreement, and that it cannot accept the conditions of monthly rent of KRW 200,000,000, and demanded the return of KRW 180,000 due to the termination of the lease agreement.

F. Since the Plaintiff filed the instant lawsuit (application for conciliation) claiming the return of deposit on April 11, 2017, the date of closing the pleadings of this case until the date of closing the pleadings of this case.