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(영문) 서울중앙지방법원 2017.10.26 2017가단5158408
임대차보증금
Text

1. The Defendant (Counterclaim Plaintiff) pays KRW 3,017,419 to the Plaintiff (Counterclaim Defendant).

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

1. Facts of recognition;

A. On November 28, 2016, the Plaintiff entered into a lease agreement with the Defendant’s agent C and the building indicated in the order (hereinafter “instant building”) with a deposit of KRW 1,00,000,000 for the rent of KRW 50,000 per month, management expenses, and period from December 10, 2016 to December 9, 2017.

(hereinafter “instant lease agreement”). Under the instant lease agreement, the Plaintiff paid deposit of KRW 10,000,000 to the Defendant ( KRW 1,000,000,000 on November 18, 2016, and KRW 9,00,000 on December 9, 2016) and received delivery of the instant building.

B. On April 2, 2017, the Defendant’s agent C appears to have agreed on April 17, 2017 to be a director in the instant building due to the Plaintiff’s rewing mold noise, vibration, etc.

On April 4, 2017, the Defendant returned the deposit amount of KRW 6,702,581, totaling KRW 1,000,000 and KRW 5,702,581 to the Plaintiff on May 30, 2017.

The Plaintiff paid 1,00,000 won each over four occasions on January 10, 2017, February 10, 2017, March 10, 2017, March 10, 2017, and April 11, 2017 (A2), and paid 39,000 won in December 28, 2016, and 51,000 won in January 25, 2017, and 56,000 won in February 27, 2017, and 54,00 won in March 29, 2017.

(22)(c).

On April 17, 2017, the Plaintiff was a director in the instant building. On May 30, 2017, the Plaintiff left the key to the instant building to D who arranged the instant building, and D sent the Defendant’s agent C the word “I find the key to the instant building.”

On June 2, 2017, the Plaintiff received the order of lease registration (Seoul Central District Court 2017Kadan115) on the instant building on June 2, 2017 and completed the registration of the right of lease of commercial buildings as stated in the order on June 15, 2017.

(hereinafter referred to as the "registration of the right of lease of this case"). 【No dispute exists, A1 through 9, B, 12, B, 13, 21, 22, 23, and the purport of the whole pleadings.

2. Determination as to the principal lawsuit

A. On April 17, 2017, the Plaintiff and the Defendant’s agent agreed to terminate the instant lease agreement. On May 30, 2017, the Plaintiff left the key to the instant building to D and via D.

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