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Reasons
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(영문) 서울동부지방법원 2018.04.27 2017가단16816
임대차보증금반환
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1. The Defendant: (a) KRW 40,000,000 for the Plaintiff and 10.5% per annum from April 1, 2016 to June 30, 2017; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Defendant entered into a lease contract between the Plaintiff and the Defendant on October 4, 2008, the Yongsan-gu Seoul Metropolitan Government Building C on October 4, 2008 (hereinafter “instant real estate”).

(1) A lease agreement between the Plaintiff and the Plaintiff with a deposit of KRW 65,00,000, and the lease period of KRW 68,000 from October 28, 2008 to October 28, 2010 (hereinafter “instant first lease agreement”).

(2) The Plaintiff and the Defendant concluded a renewal contract on October 26, 2010 by increasing the lease deposit amount of KRW 5,000,000,000 under the above contract. Accordingly, the Plaintiff paid KRW 5,00,000 to the Defendant the deposit amount of KRW 5,00,000.

B. On May 28, 2013, when the instant lease contract was terminated, the Defendant entered into a lease contract between the Defendant and D (hereinafter “instant lease contract”) with the new lessee D as of May 28, 2013, setting the deposit amount of KRW 40 million, monthly rent of KRW 350,000, and the period from June 28, 2013 to June 28, 2015 (hereinafter “instant lease contract”).

(2) Upon the termination of the instant lease contract, the Plaintiff received only KRW 30,000,000 out of the deposit amount of KRW 70,000,000 (the Defendant paid only KRW 30,000,000 out of the deposit amount of KRW 40,000,000 from D) from the Defendant.

3) The Defendant and D agreed that monthly rent of KRW 350,000 shall be deposited into the Plaintiff’s account when concluding the instant lease agreement. C. The Plaintiff, Defendant, and D agreed on June 24, 2013 as follows: (a) the deposit and monthly rent of the instant lease agreement; (b) the deposit and monthly rent of the instant lease agreement; and (c) the remainder of the first lease agreement that did not be returned to the Plaintiff; and (d) the amount of KRW 40,00,000,000 under the instant lease agreement.

(hereinafter referred to as “instant agreement”). Contracts and agreements, and letters (the foregoing part omitted)

4. D and the defendant are 350,000 won per month for 40,000 won.

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