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(영문) 서울남부지방법원 2016.06.30 2016가단5867

보증금반환

Text

1. The Defendant’s KRW 130 million to the Plaintiff and the Plaintiff’s 5% per annum from August 16, 2011 to June 30, 2016.

Reasons

1. Facts of recognition;

A. C and D are married couple, and the plaintiff is the father of C and the defendant as the mother of D, who is the plaintiff and the defendant as the mother of D.

On August 7, 2007, the Plaintiff concluded a real estate lease agreement between the Defendant and the Defendant on August 15, 2007, under which the lease deposit amount is KRW 130 million and the period is KRW 24 months with respect to the above apartment (hereinafter “instant lease agreement”).

B. The instant lease agreement was explicitly renewed on August 15, 2009, and the renewed lease term was expired on August 15, 201.

In addition, as of August 15, 201, the lease contract between C and the defendant on the above apartment was made between C and the defendant as of August 15, 201 with the lease deposit amount of KRW 150 million and the lease period of KRW 24 months.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Examining the Plaintiff’s assertion as to the Plaintiff’s claim, following the Plaintiff’s claim for the return of the lease deposit against the Defendant, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 130 million and damages for delay, barring any special circumstance, since the lease contract of this case was terminated upon the expiration of the period of validity.

3. Judgment on the defendant's assertion

A. First, the Defendant alleged that C had resided in the apartment of this case, and that the Plaintiff did not reside, and that the Plaintiff remitted the lease deposit amount of KRW 130 million to the Defendant in order to prepare for a new marriage of the Plaintiff C, which is the Plaintiff, as C, but according to the written evidence Nos. 1 and 2, the Plaintiff transferred the lease deposit amount of KRW 130 million to the account in the name of the Defendant, and the Plaintiff drafted the lease contract of this case with the Plaintiff as the lessee.