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(영문) 서울중앙지방법원 2018.07.18 2017가단85703
임대차보증금반환 청구의 소
Text

1. The defendant shall pay to the plaintiff KRW 67,00,000 and KRW 65,000 among them, from December 6, 2017 to the day of full payment.

Reasons

Facts of recognition

Around July 2014, the Plaintiff entered into a real estate lease agreement with the Defendant for the lease of 60 million won for the lease deposit and 12 months from August 14, 2014 for the lease deposit period (hereinafter referred to as “instant real estate”) among the housing of 204 rooms among the housing of 1-2, Jongno-gu Seoul, Seoul, which are owned by the Defendant (hereinafter referred to as “instant real estate”), and agreed to extend the lease period by May 1, 2017, by raising the lease deposit amount to KRW 5 million upon the expiration of the lease contract period, while the Plaintiff resided in the instant real estate after paying the lease deposit to the Defendant.

(hereinafter “instant lease agreement.” On May 15, 2017, the Plaintiff: (a) requested the real estate brokerage office to arrange for a new lease agreement on the instant real estate; and (b) returned deposit without having left the said house, such as a household, to deliver the possession of the instant real estate to the Defendant.

On July 3, 2017, the Defendant concluded a real estate lease agreement with D to lease the instant real estate amounting to KRW 70 million with D, and received KRW 70 million from D, but did not refund the Plaintiff’s deposit of KRW 65 million with the money, and made it false statement that the former lessee left the household and moved into the instant real estate, and had D move into the instant real estate and reside therein.

Afterwards, when the Plaintiff, who became aware of this fact, demanded the Defendant to return the deposit amount, the Defendant promised on September 7, 2017 that the Plaintiff would pay the deposit amount of KRW 65 million to the Plaintiff by September 20, 2017 and KRW 1 million as interest and compensation for damages. However, the Defendant did not implement the promise. On September 20, 2017, the Plaintiff promised to pay the deposit amount of KRW 65 million to the Plaintiff, separate from interest and compensation amount of KRW 2 million, until September 28, 2017.

(A) Two Letter of Payment No. 3-2, hereinafter referred to as the “instant Agreement”). The Defendant.

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