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(영문) 인천지방법원 2015.05.26 2014가단71995

임대보증금반환

Text

1. The Defendant’s KRW 35,00,000 as well as 5% per annum from September 26, 2010 to November 20, 2014 to the Plaintiff.

Reasons

In full view of the statements in Gap evidence 1 through 7 and the witness Eul's testimony, around February 1997, the plaintiff, who operated D company, was leased the lease deposit amount of KRW 7,000,000 for each company and KRW 7,000,000 for lease deposit, and around 1999, the lease deposit amount of the plaintiff and F company was increased of KRW 2,00,000,000 for each of the following reasons: around 200,000,000 from the building of this case; around 200,000,000,000,000,000 won was increased from the building of this case; and the plaintiff was given out of the building of this case to the defendant around 200,000,000,000,000 won was abandoned from the building of this case; and the plaintiff paid the lease deposit amount of this case to the defendant around 200,500,000.

According to the above facts, the lease contract of this case was terminated at the time when the defendant received compensation from the office of Nam-gu and gave up the ownership of the building, so the defendant is obligated to return the lease deposit amount of KRW 35,000,000 to the plaintiff.

Although the defendant asserts that there was no agreement on the lease deposit, according to the above evidence, it can be sufficiently recognized that the lease deposit equivalent to the above amount has been paid.

In addition, while the defendant seems to make a reply to the effect that the plaintiff did not pay the rent, there is no argument as to when he did not pay a certain rent. According to the above evidence, the plaintiff is a cash or account transfer to the defendant until the lease contract of this case is terminated.