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(영문) 대구지방법원 2019.05.03 2018가단111400

보증금반환 등

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1. The Defendant’s KRW 23,904,645 as well as 6% per annum from January 17, 2018 to May 3, 2019 to the Plaintiff.

Reasons

1. On December 3, 2014, the Defendant, on which December 3, 2014, the two floors of the Daegu-gu Cbuilding (hereinafter “instant real estate”) owned by the Defendant were designated and leased to the Plaintiff as the lease term from March 1, 2015 to February 29, 2020, lease deposit amounting to KRW 50 million, monthly rent, and management fee of KRW 4.5 million (hereinafter “instant monthly rent, etc.”).

(hereinafter referred to as “the lease of this case”). [Ground of recognition] The fact that there is no dispute, entry of evidence No. 1, and purport of the whole pleadings.

2. The assertion and judgment

A. First of all, we examine when and when the lease of this case was terminated in connection with the Plaintiff’s claim for refund of KRW 50,000,000 of the Plaintiff’s lease deposit.

In the following circumstances, Gap evidence No. 1 and Eul evidence No. 1, which can be known after comprehensively considering the purport of the entire pleadings, i.e., "where either the plaintiff or the defendant intends to terminate the contract during the lease period, it may be terminated earlier after giving written notice to the other party at least three months prior to the date on which the contract is to be terminated," < Amended by Presidential Decree No. 2810, Oct. 17, 2017; Presidential Decree No. 23578, Mar. 15, 2018; Presidential Decree No. 2420, Aug. 20, 2018; Presidential Decree No. 20601, Oct. 11, 2018; Presidential Decree No. 20600, Oct. 11, 2018; Presidential Decree No. 20600, Oct. 22, 2017; Presidential Decree No. 20600, Oct. 16, 2017>