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(영문) 서울서부지방법원 2020.01.08 2019가단236227

보증금반환

Text

1. The defendant shall pay 31,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

In full view of the purport of the argument in Gap evidence Nos. 1 and 2, around August 25, 1992, the plaintiff entered into a lease agreement (hereinafter referred to as "the lease agreement of this case") with the defendant to lease 31 million won for lease deposit (hereinafter referred to as "the lease contract of this case"), and around that time, the lease contract of this case was delivered to the defendant with an implied renewal of the lease contract of this case and it is recognized that the plaintiff occupied the house of this case until now, and in addition, it is evident that the copy of the complaint of this case containing the plaintiff's expression of intent to terminate the lease of this case was delivered to the defendant on August 14, 2019, on the record that the lease contract of this case was terminated by the lease agreement of this case, and thus, it is clear that the copy of the complaint of this case, which is the termination of the lease agreement of this case, was delivered to the defendant on August 14, 2019.

Therefore, barring special circumstances, the Defendant is obligated to refund the above lease deposit to the Plaintiff KRW 31 million.

In regard to this, the Defendant delegated the Plaintiff with the collection of the deposit for lease by physical coloring the new lessee of the instant house, and thus, the Plaintiff’s claim of this case is unreasonable. However, there is no evidence to acknowledge this, and such circumstance alone is insufficient to reverse the judgment above.

The defendant's above assertion is without merit.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.