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(영문) 서울남부지방법원 2017.07.14 2016나63055

임차보증금반환

Text

1. Following the modification of the claim by this court, the defendant shall pay 5 million won to the plaintiff and the defendant shall pay 5 million won to the plaintiff on December 16, 2015.

Reasons

1. Facts of recognition;

A. On December 3, 2013, the Plaintiff entered into a lease agreement with the Defendant to lease (hereinafter “instant lease agreement”) KRW 55 million from December 1, 2013 to December 11, 2015, the lease deposit amount of KRW 55 million was paid to the Defendant, and the Plaintiff used the instant building as an employee’s accommodation.

B. On December 15, 2015, four days after the expiration of the lease term of this case, the Plaintiff’s employee was the director of the instant building, and thereafter did not occupy and use the instant building. On December 19, 2015, the Plaintiff settled and paid management expenses imposed on the instant building to the management office until December 19, 2015.

C. On January 11, 2016, the Plaintiff sent a text message to the Defendant on the following day: “On December 15, 2016, the Plaintiff sent to the Defendant a text message stating that “I will not complete the completion of directors and return the deposit for lease, and will not communicate with the lessor, and it would be inevitable to have the Plaintiff file an application for the return of deposit for lease on a deposit basis with Seoul Guarantee Insurance,” and the Defendant sent the message to the Plaintiff on the same day.”

On January 22, 2016, the Plaintiff again notified the Defendant of the termination of the lease agreement at the time of delivering real estate on December 15, 2015, and notified the Defendant of the termination of the lease agreement again on January 11, 2016, and notified the return of the deposit in writing, and on January 22, 2016, the Plaintiff demanded the return of the lease deposit to immediately return the lease deposit. The Defendant decided to do so on January 28, 2016 that “The Plaintiff’s employee C of December 1, 2015 is more than one year.” The lease agreement should be notified in advance before the expiration of the contract, and the former contract was automatically renewed.”