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(영문) 서울서부지방법원 2017.05.17 2016가합36195
임대차보증금
Text

1. The Defendant: (a) KRW 2,480,500,000 to the Plaintiffs; and (b) KRW 5% per annum from January 6, 2017 to May 17, 2017.

Reasons

Facts of recognition

A. On April 23, 2009, the Plaintiffs entered into a lease agreement with the Defendant and the Defendant on the deposit deposit amounting to KRW 2,032,80,000, monthly rent of KRW 3,461,00, monthly rent of KRW 3,461,00, monthly rent of KRW 702 (hereinafter “the instant apartment”) with respect to the Yongsan-gu Seoul Metropolitan Government D apartment owned by the Defendant and the Defendant (hereinafter “the instant apartment”). The commencement date of the designation period of occupancy of the instant apartment was January 31, 201.

B. On March 19, 2011, the Plaintiffs concluded a lease modification agreement with the Defendant to convert the monthly rent under the initial lease agreement into the lease deposit, thereby increasing the lease deposit to KRW 2,378,900,000, and removing the monthly rent. On June 20, 2014, the Plaintiffs concluded a lease modification agreement with the Defendant to re-increased the existing lease deposit to KRW 2,480,50,000.

(hereinafter referred to as the “instant lease agreement”). The Plaintiffs paid the security deposit to the Defendant under the instant lease agreement.

Article 13 [Refund of Rental Deposit] (1) A lessee shall simultaneously refund a rental deposit paid to a lessor by the lessee to the lessor upon termination or cancellation or termination of this contract.

(2) In cases falling under paragraph (1), after conducting an inspection of all the houses and the inside thereof, the lessor shall refund the balance thereof after deducting the whole amount of payment, such as rent, management fee, etc., which the lessee is liable to pay to the lessor, remuneration due to the failure to repair and maintain the lessee under Article 11 (1), and the liability of the lessee, such as a penalty for negligence, compensation for illegal residence, and loss, which is stipulated by a special agreement under

【Matters of special agreement】 Article 2 [Price of Parcelling-out Conversion] ① An appraisal corporation selected respectively by a lessor and a lessee at the time two years and six months have elapsed from the expiration date of the initial period of designation of occupancy at us after completion of construction.

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