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Reasons
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(영문) 서울고등법원 2015.10.23 2015나2004786
부동산임대차보증금반환
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1. Of the judgment of the first instance, the part against the plaintiff corresponding to the amount ordered to be paid under the following paragraph (2) shall be revoked.

2...

Reasons

1. Recognized facts;

A. (1) On March 28, 2012, the Plaintiff leased from the Defendants the lease deposit amounting to KRW 350 million, KRW 10 million, KRW 10 million, and the period from March 29, 2012 to March 29, 2014, the lease deposit amount of KRW 350 million, KRW 10 million, and KRW 10 million, from March 29, 2012 to March 29, 2014.

(2) The Plaintiff and the Defendants agreed to terminate the instant lease agreement around February 2013.

B. (1) On April 30, 2013, the Plaintiff and the Defendants agreed to settle the lease deposit to be returned to the Plaintiff as KRW 316,210,000, and the Plaintiff is responsible for various public charges used by the Plaintiff from April 30, 2013, and ③ the Defendants agreed to pay interest on the said lease deposit to the Plaintiff from May 2013 to the end of each month.

(hereinafter “First Agreement”). On the same day, the Plaintiff delivered the instant letter to the Defendants on the same day.

(2) After that, the Plaintiff and the Defendants, based on the “FE, May 31, 2013,” agreed that the Plaintiff and the Defendants settled the lease deposit to be returned to the Plaintiff at KRW 281,50,000,000; ② the Plaintiff is responsible for various public charges used by the Plaintiff until April 30, 2013; ③ the Defendants agreed to pay the interest on the lease deposit at KRW 1.4 million on the last day of each month to the Plaintiff on the last day of each month.

hereinafter referred to as "second agreement".

(3) (3) The reasons why the lease deposit was settled as KRW 281,50,00 at the time of the second agreement between the Plaintiff and the Defendants are attributable to the fact that at the time of the first agreement, the sum of KRW 35,956,400, including public charges as indicated in the following table, should be deducted from KRW 316,210,00,000, which is equivalent to the sum of KRW 35,956,408, such as those indicated in the following table (The probability is 34,710,000).

4,720 won by telephone;

40.37,200 won for electricity;

5.14.4,143,170 won;

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