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(영문) 서울중앙지방법원 2019.03.27 2018가합524332
임대차보증금
Text

1. The defendant's KRW 13,473,073 and its weight to the plaintiff

(a) From October 27, 2018 for KRW 3,665,473:

B. 9,807.

Reasons

1. Basic facts

A. 1) On January 7, 2012, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendant, and the Defendant, as Seoul Gangnam-gu Seoul apartment D (hereinafter “instant apartment”) owned by the Defendant.

As to the lease deposit, the apartment lease contract was concluded between March 30, 2012 and March 29, 2014 by setting the lease deposit amount of KRW 260 million, and the lease period of KRW 30 million (the Defendant concluded the above lease contract through his agent E, and all the contracts entered into between the Plaintiff and the Defendant were concluded by E on behalf of the Defendant.

(2) On March 28, 2014, the Plaintiff paid a deposit for lease and occupied the apartment of this case. (3) On March 28, 2014, the Plaintiff continued to reside after concluding a lease agreement with the Defendant, setting the lease deposit amount of KRW 350 million with respect to the apartment of this case, and paying KRW 90 million with respect to the increased lease deposit, from March 30, 2014 to March 29, 2016.

3) On March 5, 2016, the Plaintiff and the Defendant concluded a new lease agreement with respect to the instant apartment as of March 5, 2016, changing the lease deposit to KRW 350 million, monthly rent to KRW 220,000 (hereinafter “instant lease agreement”).

(4) The Plaintiff paid KRW 264,00,000 under the instant lease agreement, KRW 2570,000,000 on March 28, 2016, KRW 2570,000, and KRW 70,000 on May 18, 2017, respectively.

B. (1) On January 22, 2018, the Plaintiff sent to E a content-certified mail to the effect that the lease contract of this case becomes due on March 27, 2018, and thus, the Plaintiff returned the lease deposit at maturity. (2) On January 29, 2018, E sent a content-certified mail to the effect that the request for the return of the lease deposit cannot be accepted due to the expiration of the lease term, since the lease term of this case was four years.

3. On March 9, 2018, the Plaintiff again terminated the lease period of the instant lease on March 27, 2018.

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