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(영문) 대구지방법원 2021.01.13 2020나313286
보증금반환
Text

The plaintiff's appeal and the claims extended by this court are all dismissed.

Expenses for appeal (the extension of claims)

Reasons

1. Basic facts

A. On May 15, 2012, the Plaintiff entered into a lease agreement with C (the spouse of the Defendant) and the Daegu Dong-gu dong-gu gu dong-gu dong-gu dong-gu dong-gu dong-gu dong-gu with the terms of leasing KRW 15 million, monthly rent KRW 180,000, and the term of lease from May 15, 2012 to May 14, 2014.

B. On May 15, 2012, the Plaintiff paid a deposit of KRW 15 million to the former lessee F.

(c)

The Plaintiff and the Defendant’s agent C drafted a new lease agreement on May 8, 2017, and the lease agreement is written in the lease deposit amounting to KRW 10 million, monthly rent amounting to KRW 230,000,000, and period of lease from May 10, 2017 to May 9, 2019.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Eul evidence No. 4, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) Since the lease contract between the plaintiff and the defendant has been terminated, the defendant should return the lease deposit amount of KRW 10 million to the plaintiff.

In addition, the lease contract between the plaintiff and the defendant was reduced from KRW 15 million to KRW 10 million, and the defendant did not return the difference to the plaintiff.

Therefore, the defendant should pay to the plaintiff the difference between five million won and the delayed damages.

The plaintiff sought the refund of the lease deposit of KRW 15 million in the original collection, and thereafter, the plaintiff sought the refund of the lease deposit of KRW 10 million, the difference in the lease deposit and the delayed damages of KRW 5 million, and changed the purport of the claim and the cause of the claim.

2) The lease deposit to be returned by the Defendant to the Plaintiff is KRW 10 million, and the difference claimed by the Plaintiff is KRW 5 million already returned in the past.

B. Determination 1) Since a lease agreement between the Plaintiff and the Defendant terminates on May 2019 between the Plaintiff and the Defendant’s obligation to return the lease deposit amounting to KRW 10 million has no dispute between the parties, the Defendant shall return the lease deposit amounting to KRW 10 million to the Plaintiff.

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