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(영문) 춘천지방법원 2020.09.22 2019가단55558
임대차보증금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On December 26, 2014, the Plaintiff entered into a contract with the Defendant on the lease of the third floor D (hereinafter “instant real estate”) of the C Building No. 100 million won as of January 23, 2015 to January 23, 2017 without monthly rent (hereinafter “instant lease contract”). The instant lease contract was terminated upon the expiration of the period, and even if the Plaintiff sent by mail verifying the contents of the request for termination of the contract to the Defendant as of September 7, 2018, the Defendant did not pay KRW 100 million, while the Plaintiff seeking payment of KRW 100 million to the Defendant simultaneously with the delivery of the instant real estate.

However, on February 28, 2020 after the filing of the instant lawsuit, the Plaintiff was a person who received KRW 100 million from the Defendant as the refund of deposit for lease on February 28, 2020, and therefore, the Plaintiff’s claim of this case is without merit without

Therefore, the Plaintiff’s claim of this case is dismissed due to the lack of reason, and the Defendant is assessed against him by applying Article 99 of the Civil Procedure Act. It is so decided as per Disposition.

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