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(영문) 의정부지방법원고양지원 2019.08.23 2019가단6679
임대차보증금
Text

1. The defendant shall deliver the real estate stated in the separate sheet from the plaintiff to the plaintiff at the same time. 50,000,000 won shall be applied to the plaintiff.

Reasons

1. Facts of recognition;

A. On January 21, 2015, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 40,000,000, monthly rent of KRW 300,000, and the term of lease from October 28, 2016 to October 27, 2018, with respect to the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant housing”).

(A) Evidence No. 1, hereinafter referred to as “instant lease contract”). B

The Plaintiff paid 40,000,000 won to the Defendant around that time pursuant to the instant lease agreement and received the instant house.

C. On October 10, 2016, the Plaintiff and the Defendant decided to change the lease deposit amount to KRW 50,000,000 for the instant housing, KRW 250,000 for monthly rent, and the lease period to October 27, 2018.

(A) Evidence No. 1)

D. The Plaintiff paid KRW 10,000,000, which was increased to the Defendant according to the above modified contract.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. According to the above facts as to the claim for return of the lease deposit, since the lease contract of this case terminated upon the expiration of the lease term, the defendant is obligated to pay the plaintiff the deposit of this case 50,000,000 won and delay damages.

B. As to the claim for damages, the Plaintiff promised to the effect that the Defendant returned the lease deposit by March 2019, and the Plaintiff trusted it and concluded a sales contract for the housing units G of the F Building in D and D on January 26, 2019, and paid 4 million won as the down payment. Nevertheless, the Defendant did not comply with the above agreement, and the Plaintiff suffered losses from the forfeiture of the down payment. The Defendant is not obliged to compensate for the said damages. (2) It is insufficient to recognize that the written statement in the evidence No. 8-1 through No. 3 of the judgment No. 8 of the Plaintiff is sufficient to acknowledge that the Defendant concluded an agreement as alleged above.

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