(영문) 춘천지방법원 원주지원 2021.03.12 2020가단53110

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(영문) 춘천지방법원 원주지원 2021.03.12 2020가단53110

보증금반환

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The defendant shall calculate the amount of KRW 41,041,757 to the plaintiff at the rate of 12% per annum from June 1, 2020 to the day of full payment.

Reasons

1. Facts of recognition;

A. On December 6, 2016, the Plaintiff, a seller of buildings in units, entered into a contract with the Defendant to sell in lots the purchase price of KRW 575,00,000, the Gangwon-do unit D 1 story D (hereinafter “the instant building”) with the Defendant for KRW 42.09,000 (hereinafter “instant sales contract”).

2. Deposit for lease of the terms of a contract: The rent of KRW 100,000: 2,400,000 (Additional tax Map) shall be paid in advance on the first day of each month: Where the lease contract is terminated for a period from January 11, 2017 to 36 months, the lessee shall restore the said real estate to its original state and return it to the lessor;

In such cases, the lessor shall return the deposit to the lessee, and when there is a overdue rent or compensation for damage, he/she shall remove it and shall refund the balance in red color.

Special contract terms: Deposit KRW 100,000,000,000, was deducted and paid at the time of payment of the remainder of the transaction by the lessor, and the lessee does not need to pay a separate deposit, and the lessee shall refund the deposit KRW 100,000,000 to the lessee

When a lessee wishes to extend the contract, it shall be extended under the same conditions for up to 24 months.

B. On January 11, 2017, the Defendant concluded a lease agreement to lease the instant building that was sold by the Plaintiff to the Plaintiff with the following content (hereinafter “instant lease agreement”).

(c)

Before the termination of the instant lease agreement, the Plaintiff returned the remainder of the lease deposit to the Defendant before the termination of the instant lease agreement. On January 10, 2020, the date of the termination of the instant lease agreement, the Plaintiff returned the instant building to the original state and returned it to the Defendant. The overdue rent by the date of the termination of the said lease agreement is equivalent to KRW 58,958,243.

[Grounds for Recognition] Unsatisfy, Gap 1 through 5, Eul 1's each entry and video, and the purport of the pleading

2. Determination

A. The Plaintiff’s judgment on the grounds of the Plaintiff’s claim is based on the instant lease agreement against the Defendant.

유사 판례

-춘천지방법원원주지원 2020.12.22 2020가단53103

-부산지방법원동부지원 2016.06.29 2016가단200370

-부산지방법원 2018.11.14 2018가합45899

-울산지방법원 2017.09.20 2017가합21455

-대전지방법원 2020.10.22 2019가합109005