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(영문) 수원지방법원성남지원 2019.10.24 2019가단5580

임대차보증금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 28, 2007, the Plaintiff entered into a real estate lease agreement with the Defendants (hereinafter “instant lease agreement”) with the terms that the lease deposit is set at KRW 50,000,000, monthly rent of KRW 2,500,000, and March 25, 2009, with the terms that the lease deposit is to be leased by setting the lease deposit amount of KRW 50,000,00, monthly rent of KRW 2,500,000, which is owned by the Defendants.

B. The Plaintiff leased and used the instant real estate, and transferred the instant real estate to the Defendants for whom the term of the instant lease agreement expires.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Summary and determination of the Plaintiff’s assertion

A. The gist of the Plaintiff’s assertion was to pay 16,320,160 won (=50,000 won - 33,679,679,840 won) remaining after deducting 33,679,840 won (=1,179,840 won) in total from the lease deposit of this case, since the Plaintiff failed to pay 32,50,000 won for 13 months during the lease of this case during the lease of this case, and only 16,320,160 won (=50,000 won - 33,679,840 won).

B. It is insufficient to acknowledge the fact that each entry of Gap evidence Nos. 2-1, 2, and 3 (the details of passbook transactions) in the Plaintiff’s submission is KRW 16,320,160, and there is no other evidence to acknowledge it. Furthermore, even if the Plaintiff’s claim for the return of the remaining lease deposit is accepted, the Plaintiff’s claim for the return of the deposit money as much as the Plaintiff’s claim for the return of the instant lawsuit was filed after the lapse of 10 years from March 25, 2009, which is the expiration date of the contract, has already expired, and thus, the Plaintiff’s assertion

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.