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(영문) 창원지방법원 진주지원 2021.01.13 2020가단2980
임대보증금 반환
Text

The defendant will pay KRW 11,00,000 to the plaintiff at the same time with the delivery of the fourth floor of the D ground of Jinju-si.

Reasons

1. In full view of the facts that there is no dispute between the parties to the judgment on the cause of the claim and the purport of the entire pleadings as to the evidence Nos. 1 and 2, the Plaintiff leased the lease deposit of KRW 70 million with respect to the fourth class D on August 24, 2015 (hereinafter “the instant real estate”) from the Defendant at Jin-si, Jin-si, with the term of September 5, 2015 to September 4, 2017, and the said lease contract between the Plaintiff and the Defendant was explicitly renewed, but the Plaintiff’s spouse, the agent of the Plaintiff, expressed his/her intention to terminate the lease contract to the Defendant on May 7, 2020 and reached the Defendant around that time, and the Defendant paid the Plaintiff KRW 59 million, out of the above lease deposit, respectively.

Therefore, as the above lease contract is terminated, the defendant is obligated to return to the plaintiff 10 million won after deducting the 59 million won already paid out of the deposit of the above lease, unless there are special circumstances.

2. The defendant asserts that the above simultaneous performance defense cannot be returned before the delivery of the real estate of this case, and the above simultaneous performance defense is justified.

3. In conclusion, the defendant is obligated to pay 10 million won after deducting 59 million won, which was already paid out of the deposit for lease, from the plaintiff, at the same time receiving the real estate of this case from the plaintiff.

The plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as there is no ground.

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