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(영문) 춘천지방법원원주지원 2019.05.22 2019가단50306
임대차보증금
Text

1. The defendant shall be the plaintiff.

(a)payment of 140,000,000 won;

B. A lessee introduced by the Plaintiff.

Reasons

1. Basic facts

A. On November 8, 2017, the Plaintiff entered into a lease agreement with the Defendant on the first city C Apartment D (hereinafter “instant apartment”) by setting the lease deposit of KRW 140 million from January 15, 2018 to January 14, 2019 (hereinafter “instant lease agreement”). Around January 15, 2018, the Plaintiff paid a deposit of KRW 140 million to the Defendant.

B. On November 2018, before the expiration of the lease term of the instant lease agreement, the Plaintiff notified the Defendant that he/she had no intent to renew the contract, and delivered the instant apartment to the Defendant on January 14, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts on the basis of the judgment as to the cause of the claim, the instant lease agreement was terminated upon the expiration of the lease term on January 14, 2019, and barring any special circumstance, the Defendant is obligated to pay the Plaintiff a deposit of KRW 140 million and damages for delay.

B. 1) The argument and decision of the parties on the refund of deposit for lease 1) The defendant asserted that the contract was concluded at the time of entering into the lease contract of this case that the plaintiff himself had agreed to recover the deposit from the revenue collector and thus, the defendant cannot claim the return of the deposit for lease . Therefore, the defendant did not bear the obligation to pay damages for delay. The plaintiff asserted that the above agreement was invalid as an unfair act due to old, brut, and bad experience, or null and void in violation of the purpose of legislation of the Housing Lease Protection Act. 2) The above evidence and evidence Nos. 1, 2, 7, 8-1, 2-1, 2-1, and 8-1, 2-1, and 2-1, the whole arguments are all taken full account of the purport of the arguments as seen earlier. The plaintiff

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