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(영문) 부산지방법원 2017.07.18 2016가단340647

보증금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 12, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with regard to the lease period from December 12, 2011 to July 14, 2016, with respect to the building 2nd floor B (hereinafter “instant real estate”) in Jung-gu, Busan (hereinafter “instant real estate”), which is owned by the Defendant, with a deposit amount of KRW 150,000 (20,000,000 from July 15, 2014) and monthly rent of KRW 12,50,000 (14,000,000 from July 15, 2014).

B. On January 20, 2012, the Plaintiff and the Defendant agreed to the instant lease agreement prior to filing a lawsuit as follows, the Busan District Court Decision 2011Da847, Jan. 20, 2012:

(hereinafter “this case’s reconciliation clause”). 1. The respondent (the plaintiff; hereinafter the same shall apply) also orders the applicant (the defendant; hereinafter the same shall apply) (the applicant) (the defendant; hereinafter the same shall apply on July 14, 2016) to receive full refund of the deposit.

5. The respondent shall notify the applicant of his/her intention three months prior to the expiration date of the contract and, if not notified, shall pay the monthly rent up to three months after the expiration date of the contract.

In addition, damage caused by the respondent's failure to clarify upon the expiration of the contract term shall be paid after deducting the balance from the security deposit of the respondent.

12. Under the circumstances of the respondent, the rent for the contract period shall be paid, as it is, until the cancellation or new lessee enters into a new city during the contract period. If a new contract exists on the pertinent real estate, the rent for the remainder shall be the remainder of the re-consultation and the rental deposit shall be refunded on the remainder

Provided, That all of the brokerage commission, protocol of settlement, all of the expenses, etc. shall be borne by the respondent.

C. On July 14, 2016, the Plaintiff delivered the instant real estate to the Defendant, and the Defendant leased the instant real estate to the new lessee around August 25, 2016.

On August 1, 2016, the Defendant returned KRW 25,000,000 to the Plaintiff out of KRW 200,000,000, and on August 16, 2016, the remainder of the rental deposit was 175,00.