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(영문) 서울중앙지방법원 2016.08.31 2015가합565493

보증금반환

Text

The defendant shall pay 860,00,000 won to the plaintiffs and 15% per annum from October 18, 2015 to the day of complete payment.

Reasons

Basic Facts

On June 9, 2011, the Defendant entered into a lease agreement stipulating that the instant real estate lease deposit is KRW 760,000,000, and the lease term is from July 18, 201 to July 18, 2013, and the Plaintiffs paid all the above lease deposit to the Defendant by July 18, 2011.

On July 17, 2013, the Defendant: (a) increased the lease deposit of the instant real estate to KRW 860,000,000 (hereinafter “the instant lease deposit”); and (b) concluded a lease modification agreement with the terms that the lease deposit was extended by July 17, 2015 (hereinafter “the instant lease agreement”); and (c) the Plaintiffs paid KRW 100,000,000 to the Defendant on the same day.

On May 18, 2015, two months before the expiration date of the above lease term, the Plaintiffs expressed to the Defendant that they did not intend to renew the instant lease contract, and the said declaration of intent reached the Defendant on May 19, 2015.

Accordingly, on June 12, 2015, the Defendant sent to the Plaintiffs a reply for the extension of the lease term of this case for three months, but the Plaintiffs again sent a proof to the Defendant on June 18, 2015 that the Defendant did not intend to extend the lease term of this case.

On July 14, 2015, the Defendant discussed the settlement of the instant lease agreement with the Plaintiffs, and on July 15, 2015, sent a content certification that contains the following (hereinafter “instant content certification”) to the Plaintiffs.

The defendant's answer to the interview held on July 14, 2015 with the plaintiffs is referred to as diopia.

The Defendant shall pay to the Plaintiffs KRW 860,000,000 to the lessee of the instant lease deposit by October 17, 2015. If the said deposit is not paid by the payment date, the amount calculated by adding the amount of 15% per annum to the payable amount shall be paid.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8 respectively.