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(영문) 서울남부지방법원 2019.10.24 2018나4227

임대보증금반환

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On February 19, 2013, the Plaintiff: (a) leased a factory of 465.3 square meters on the first floor of a factory of the general steel framed roof (existing E-dong; hereinafter the same shall apply) with a lease deposit of 28,200,000 won; (b) monthly rent of 2820,000 won (excluding value-added tax); (c) from March 1, 2013 to March 1, 2015 (hereinafter “instant first lease contract”); (d) concluded a lease contract of 100,000 won on October 17, 2013 with a lease term of 200,000 won for each of the instant land owned by the Defendant (hereinafter “instant 1 lease contract”); and (e) concluded a lease contract of 10,000 won to 20,000 won to 30,0000 won to 10,0000,000 won to 10,000.

B. Each of the instant lease agreements between the Plaintiff and the Defendant was extended by agreement or implied renewal between the parties. On October 2015, the Plaintiff sent to the Defendant a document that contains an intent to seek the termination of each of the instant lease agreements, and the said document was served to the Defendant around October 2015.

C. Around that time, the Plaintiff returned KRW 9,361,892 out of the lease deposit amount of KRW 28,200,000,000, following settlement procedures with respect to the first lease contract of this case from the Defendant. In relation to the second lease contract of this case, the Plaintiff did not refund KRW 10,000,000 regarding the second lease contract of this case.

[Ground of recognition] Facts without dispute, Gap's 1 to 5, 9, 10 evidence, Eul's 3 (including provisional number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff.