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(영문) 서울중앙지방법원 2017.11.14 2017나28060

임대차보증금

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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

Reasons

1. In the first instance trial, the Plaintiff sought payment of KRW 10 million in the balance of the lease deposit, KRW 270,000 in the necessary or beneficial cost, KRW 240,000 in the amount of the loan deposit, and damages for delay in the amount of the loan. The court of first instance dismissed all the Plaintiff’s claim.

In this regard, the Plaintiff appealed against the claim for damages for delay of KRW 1,270,00,000 for necessary or beneficial expenses, ② the 2,40,000,000 for the loan, ③ each of the above money and the balance of the lease deposit, and thus, the subject of the judgment by this Court is limited to the above part.

2. Basic facts

A. On December 4, 2012, the Plaintiff entered into a lease agreement with the Defendant on a set of lease term of KRW 250 million as to the whole second floor among the second floor of the land-based C, Sincheon-si, from January 12, 2013 to January 12, 2015, and KRW 250 million as lease deposit. On January 12, 2013, the Plaintiff paid the Defendant the above lease deposit amount of KRW 250 million and received the said real estate from the Defendant.

B. On January 13, 2015, the Plaintiff agreed to increase the lease deposit amount to KRW 260 million from January 13, 2015 to January 12, 2017 when renewal of a lease agreement with the Defendant, and paid KRW 10 million to the Defendant for the same day.

C. On November 24, 2016, the Defendant sent a content-certified mail rejecting the renewal of the above lease agreement to the Defendant, and around that time, the said content-certified mail reached the Plaintiff.

On January 12, 2017, the above lease agreement was terminated upon the expiration of the period of validity, and on January 12, 2017, the Plaintiff, while leaving the above real estate on January 12, 2017, notified the Defendant of the password, which was changed to the above real estate’s identification number.

E. On January 12, 2017, the Defendant returned to the Plaintiff KRW 250 million among the lease deposit, and KRW 10 million on January 31, 2017, respectively.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 5, and the whole pleadings.