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(영문) 수원지방법원 2016.11.10 2016나56448

임대차보증금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Determination on the cause of the claim

A. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1 and 2 may be acknowledged by adding up the whole purport of the pleadings:

1) On May 7, 2010, the Plaintiff is a house in Echeon C from the Defendant (hereinafter “instant house”) between the Defendant and the Defendant.

) A lease agreement with the effect that the lease deposit is KRW 35,00,000 for the deposit and the term of lease is 24 months from May 7, 2010 for the lease deposit (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”).

(2) On May 10, 201, the Plaintiff received the instant house from the Defendant in accordance with the instant lease agreement and occupied and used the instant house in a place where it was located, etc. on November 23, 2010, and delivered the instant house to the Defendant on January 23, 2010. The Defendant returned the said lease deposit KRW 35,000,000 to the Plaintiff on January 6, 201, and KRW 10,000,000 on May 17, 201, and KRW 33,000,000,000 on September 5, 2012, 201, and KRW 10,000,000 on September 10, 2015, respectively.

B. According to the above facts, it is reasonable to view that the Plaintiff’s transfer of the instant house to the Defendant on November 23, 2010, prior to the expiration of the lease term under the instant lease agreement, and the Defendant returned KRW 20,000,000 out of the lease deposit to the Plaintiff on January 6, 2011, the instant lease agreement was terminated by agreement between the Plaintiff and the Defendant on January 6, 201. Therefore, barring any special circumstances, the Defendant is obligated to pay the Plaintiff the unpaid lease deposit amount of KRW 2,30,000 [=35,00,000-(20,000,000)] and delay damages therefrom.

2. Judgment on the defendant's assertion

A. The defendant first, D who borrowed the instant house from the plaintiff "the defendant."