logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.05.29 2017가단21632
임대차보증금반환
Text

1. The defendant shall pay 45,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. As to the Incheon Gyeyang-gu Seoul and 301 (hereinafter “instant housing”), there is a lease agreement between April 25, 2014 and April 24, 2016 that the lessor, the Plaintiff, the lessee, and the lease term from April 25, 2014 to April 24, 2016, the lease deposit amount of KRW 45,00,000, and the date of preparation of the contract (hereinafter “instant lease agreement”) as of March 7, 2014 (hereinafter “instant lease agreement”).

B. On March 7, 2014, the date of the contract, the Plaintiff paid the Defendant a down payment of KRW 1,000,000 among the instant lease deposit, and on March 31, 2014, the Plaintiff paid the Defendant the remainder of KRW 44,00,000 among the instant lease deposit.

C. On April 10, 2014, the Plaintiff obtained a fixed date on the instant lease agreement, and D, the Plaintiff’s mother, transferred the instant house to the instant house on March 31, 2014, and the Plaintiff also moved to the instant house on April 4, 2018.

On March 14, 2017, after the instant lease contract was implicitly renewed, the Plaintiff sent to the Defendant by content-certified mail a document stating that “The instant lease contract is terminated and the deposit is returned to KRW 45,00,000.” The Defendant received the said document around that time.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 4, 9 and 15, and the purport of the whole pleadings]

2. Summary of the parties’ assertion

A. The instant lease agreement concluded between the Plaintiff and the Defendant was terminated upon the Plaintiff’s notice of termination of the contract on March 14, 2017.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 45,000,000 as well as damages for delay.

B. Defendant 1) Since the lessee of the instant lease agreement is the Plaintiff’s mother D, not the Plaintiff specified in the lease agreement, the Plaintiff’s claim for the refund of the deposit for the lease of this case must be dismissed (hereinafter “instant Chapter”).

(2) D) The creditor of D.

arrow