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(영문) 서울중앙지방법원 2014.06.13 2013가합60093
보증금 반환
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 119,895,288 to the Plaintiff (Counterclaim Defendant) and its related amount from January 14, 2014 to June 13, 2014.

Reasons

1. Determination on the main claim

A. 1) On May 14, 201, the Plaintiff: (a) on May 14, 201, the Defendant-based multi-household 202 of Dongjak-gu Seoul Metropolitan Government C-based housing (hereinafter “instant real estate”).

) The lease deposit was leased KRW 120 million, and the lease term was from July 10, 201 to July 9, 2013 (hereinafter “instant lease agreement”).

(2) On May 13, 2013, the Defendant sent a written notification to the Plaintiff, stating that “When the Plaintiff wishes to extend the deposit amount to KRW 150 million upon the expiration of the lease term, or to renew the contract to pay KRW 150 million monthly deposit to KRW 120 million, the Defendant shall notify the Plaintiff.” As to this, the Plaintiff sent a written notification to the Defendant on May 31, 2013, stating that “if the Plaintiff has no intention to renew the contract, to return the deposit money to the Defendant upon the expiration of the lease term.”

3. The Plaintiff filed the instant lawsuit on August 5, 2013, when it was unable to refund the deposit after the expiration of the lease term, and was moving from the instant real estate to a multi-household house located in Gangnam-gu Seoul Metropolitan Government as of January 1, 2014, while the lawsuit is pending.

2. After the move-in report was completed, on the 13th day of the same month, inform the Defendant of the fact that the above director was removed and the password of the lock-out locking device of the real estate in this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 5-2, Eul evidence 5-3, Eul evidence 2, the purport of the whole pleadings

B. According to the above facts, the instant lease agreement was terminated on July 9, 2013, and the Plaintiff completed the transfer of the instant real estate to the Defendant on or around January 13, 2014, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 120 million and damages for delay after January 14, 2014. (2) The Defendant did not restore the Plaintiff to its original state, so long as the Plaintiff did not restore the instant lease agreement to its original state.

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