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(영문) 수원지방법원 2019.06.26 2018나60649

보증금반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning for this part of the judgment of the court is as follows. The defendant and the defendant decided to terminate the lease contract described in the above paragraph (a) from February 2016 to February 18 of the judgment of the court of first instance. The plaintiff and the defendant agreed to pay the plaintiff 80,000,000 won which the defendant received from C as part of the lease contract between the plaintiff and the defendant, and the remaining lease deposit 20,000,000,000 won is to be paid simultaneously with the delivery of the building of this case from the defendant. The plaintiff and the defendant agreed to pay the plaintiff 20,00,000,000 won as well as the lease contract of this case from September 30, 2016 to Article 18 (1) of the Civil Procedure Act. The plaintiff added the lease contract of this case to the plaintiff 20,000,000 won and the contract of this case between the third and nine parties of the judgment of the court of first instance as follows.

2. Summary of the parties’ assertion

A. The gist of the Plaintiff’s assertion is that the Defendant, a lessor, was obligated to deliver, use, and benefit from the instant building to the Plaintiff, who is the lessee, did not pay the delayed management expenses at the time of the successful bid of the instant building, and thus, the management office set up locks on the entrance of the instant building and prevented the Plaintiff from entering and leaving, thereby making it impossible for the Plaintiff to use and benefit from the building. Therefore, the lease contract of this case is revoked on the ground that the Defendant

Therefore, the defendant is obligated to pay to the plaintiff the lease deposit amount of KRW 80,000,000 which was already paid to the plaintiff due to the cancellation of the contract and the delay damages therefor.

B. The Defendant’s summary of the Defendant’s assertion was in arrears at the time of winning the contract for G and the Plaintiff’s bid for the instant building.