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(영문) 서울남부지방법원 2017.05.18 2016가단32463

임차보증금반환

Text

1. The Defendant’s KRW 35,00,000 and its related amount are 5% per annum from September 13, 2016 to May 18, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. (1) On April 15, 2011, C entered into a lease agreement and entered into a lease agreement (hereinafter “instant building”) with the company’s employee, who is his/her spouse, and decided to introduce and lease a house to be leased for the purpose of his/her residence, from E, the Seoul Yangcheon-gu Seoul Metropolitan Government Ground Housing No. 101 (hereinafter “instant building”) owned by the Defendant, as the leased object.

(2) On April 15, 2011, E brokerage office: (a) under the agreement with D and the Plaintiff, C entered into a lease agreement with the Plaintiff, providing that the status of lessee under the lease agreement with respect to the instant building shall be the Plaintiff, who is an son of C and D; and (b) on behalf of the Plaintiff, the Plaintiff entered into a lease agreement between E and E on behalf of the Defendant, providing that “the Plaintiff shall lease the instant building from the Defendant for the lease deposit amount of KRW 35 million; and (c) the lease period shall be from May 1, 201 to April 30, 2013 (hereinafter “instant lease agreement”).

(3) Meanwhile, around April 15, 2011, G did not face any face-to-face or contact with E or the Defendant with regard to the conclusion of the instant lease agreement.

B. D paid the lease deposit from the bank account of D to the bank account of the Defendant’s agent E, remitted the amount of KRW 7 million and KRW 1.6 million out of the lease deposit to the Defendant’s agent E, and paid the remainder of KRW 28 million to the Defendant’s agent E in cash, and E issued a receipt under the Defendant’s name (a receipt for the security deposit of KRW 35 million) in advance.

C. G, an employee of the company D, was residing in the instant building from May 1, 201 to around May 18, 201, showing the original of the instant lease agreement to the Defendant around May 18, 2015, and the lessee of the instant lease agreement is only the Plaintiff, and the lessee is the actual lessee himself/herself, and the lessee is the Plaintiff. As such, the contract changes the terms of the lease amount to KRW 250,000,000, monthly rent of KRW 2.5 million.