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(영문) 부산지방법원 서부지원 2018.07.06 2017가단109098

임대차보증금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 8,429,667 to the Plaintiff (Counterclaim Defendant) and its related amount from November 9, 2017 to July 6, 2018.

Reasons

1. Basic facts

A. On September 27, 2009, the Plaintiff entered into a contract with the Defendant for the lease of KRW 100,000 or KRW 10,000 (the key issue in this case is the key issue), monthly rent of KRW 70,000,000,000 (the lease contract in this case) on the second floor of the building listed in the attached list, which is owned by the Defendant, with each point of Section 1, 2, 3, 4, 4, and 1,000 square meters (hereinafter “the room in this case”).

B. Around that time, the Plaintiff paid the security deposit to the Defendant and used the instant room for residential purposes. The instant lease contract has been implicitly renewed after the lapse of the first two years period.

C. Among them, there is a dispute between the Plaintiff and the Defendant, who claimed that the amount of the rental deposit received between the original Defendant around October 2015, was contracted and paid as KRW 10 million with the amount of the rental deposit received between the original Defendant and the Defendant who received the contract at KRW 1 million. Accordingly, the Plaintiff did not pay the monthly rent from December 27, 2015.

On July 21, 2017, the Plaintiff submitted the instant complaint containing an expression of intent to terminate the instant lease agreement, and the duplicate of the complaint was served on the Defendant on July 28, 2017.

E. The instant room is currently returned to the Defendant.

[Reasons for Recognition] Facts without any dispute, Gap 1 through 4, Eul 13 through 17, and each party's personal examination result against the plaintiff and defendant of this court, the purport of the whole pleadings

2. The plaintiff alleged by the parties concerned was lawfully terminated by the plaintiff's notice of termination of the contract, and the plaintiff delivered and returned the room of this case to the defendant, which is the object of the lease, so the defendant is about KRW 10 million and the plaintiff.