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(영문) 대전지방법원천안지원 2020.06.04 2019가단114122

보증금반환

Text

1. The Defendants jointly delivered real estate stated in the separate sheet from the Plaintiff and simultaneously delivered to the Plaintiff 65,00.

Reasons

1. Facts of recognition;

A. Defendant C completed business registration of real estate lease management business under the trade name “D” on June 19, 2017.

B. On August 13, 2018, the Plaintiff entered into a lease agreement with Defendant B’s agent “D” with the terms that the Plaintiff leases the real estate listed in the separate sheet from Defendant B (hereinafter “instant real estate”) from Defendant B as the lease deposit amount of KRW 65,00,000, and the term of lease from August 20, 2018 to August 19, 2019 (hereinafter “instant lease agreement”).

C. Under the instant lease agreement, the Plaintiff paid each of the Defendant C the lease deposit of KRW 3,250,000 on August 13, 2018, and the remainder of KRW 61,750,000 on August 20, 2018, respectively, and around August 20, 2018, the Plaintiff was handed over the instant real estate from Defendant C and resides until now.

On June 10, 2019, the Plaintiff notified Defendant B that the term of the instant lease agreement would not be extended, and that he would return the lease deposit at maturity.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-6 and 9 (including virtual number), the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. According to the above facts of determination as to the cause of the claim, the instant lease contract was terminated at the expiration of the term, and barring any special circumstance, Defendant B is obligated to pay KRW 65,000,000 to the Plaintiff at the same time as the delivery of the instant real estate from the Plaintiff, barring any special circumstance.

B. As to Defendant B’s assertion of exemption, Defendant B was agreed to exempt Defendant B from the obligation to return the lease deposit at the time of the conclusion of the instant lease agreement, the Plaintiff asserted that the Plaintiff cannot be held liable for the return of the deposit. 2) In light of the evidence No. 2, it is acknowledged that the content of the instant lease agreement stated “the liability for the return of the deposit shall be assumed at the night” as stipulated in Article 12 of the terms and conditions of the instant lease agreement.