임대보증금반환
1. The Defendant’s KRW 40,000,000 as well as 5% per annum from June 9, 2018 to December 18, 2020 to the Plaintiff.
1. Facts of recognition;
A. The plaintiff and the defendant are South Korea.
B. On April 2015, the Plaintiff decided to move and reside with the Defendant’s window C Apartment D, Changwon-si’s window D, and on April 10, 2015, the Plaintiff transferred KRW 25,000,000 to the said apartment G as the deposit for the lease of the apartment house located in the name of the Plaintiff, Changwon-si, Changwon-si, the Defendant had resided, and transferred KRW 40,000,000 directly to the Defendant on May 29, 2015, and paid KRW 70,000,000 in total to the Defendant through H, the remainder of KRW 5 million, as the deposit for sub-lease of the said apartment.
C. Around March 2016, the Defendant moved from the above E apartment to Sung-gu, Changwon-si I.
On August 29, 2017, the Plaintiff became a lessee under the lease agreement of the said I, but the Plaintiff returned KRW 70,000,000 to the Defendant upon the termination of the said lease agreement. D.
On June 8, 2018, the Plaintiff moved from the above C apartment to the other residence.
【Ground of recognition】 The fact that there has been no dispute, the entry of Gap's evidence 1 to Gap's evidence 3, the purport of whole pleading
2. According to the fact of the above recognition, the sub-lease contract between the Plaintiff and the Defendant for the above C apartment was terminated on June 8, 2018.
Therefore, the defendant is obligated to refund to the plaintiff the remaining 40,000,000 won after deducting 30,000,000 won from the 70,000,000 won paid as the deposit for sub-lease of the above C apartment.
In regard to this, the defendant claimed that the plaintiff returned KRW 30,000,000 from the above E apartment lease deposit to the plaintiff on March 10, 2016, and that the defendant repaid KRW 10,000,000 to the plaintiff on March 10, 2016, the above apartment lease deposit was fully repaid KRW 40,00,000. However, according to the results of the JJ's financial transaction information meeting, the defendant could make up for the face value of KRW 30,00,000 at the face value of G's wife on March 11, 2016.