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(영문) 서울서부지방법원 2020.11.04 2020가단280534
임대차보증금
Text

The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time. 12,50,000 won shall be applied to the plaintiff.

Reasons

1. Facts of recognition;

A. On November 28, 2018, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 112,00,000,00 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) from February 10, 2019 to February 9, 2020 (hereinafter “instant lease agreement”), and paid the above lease deposit to the Defendant around February 10, 2019.

B. On January 7, 2020, prior to the termination date of the instant lease agreement, the Plaintiff sent the content-certified mail containing an expression of intent to refuse the renewal of the instant lease agreement, and around that time, delivered to the Defendant.

C. On April 2, 2020, the Defendant agreed to additionally pay KRW 500,000 to the Plaintiff, taking into account the circumstances that the Plaintiff was unable to return the lease deposit despite the termination of the instant lease agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the facts of the above recognition, the defendant is obligated to pay the plaintiff KRW 112,50,000 to the sum of the lease deposit and the director's expenses, as requested by the plaintiff, at the same time as the delivery of the real estate of this case from the plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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