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(영문) 창원지방법원 2017.06.22 2016나57998
임대차보증금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On May 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Defendant on the private-si C (hereinafter “instant housing”) housing owned by the Defendant (hereinafter “instant housing”), and determined the lease deposit of KRW 15 million, the rent of KRW 250,000 (payment on May 20, 201), and the lease deposit of KRW 1 million from May 20, 2014 to May 19, 2015, the Plaintiff paid KRW 3 million on the date of the contract, the intermediate payment of KRW 3 million on May 13, 2014, and paid KRW 1 million to D, the Defendant’s husband on the date of the contract.

B. The Plaintiff and the Defendant, at the time of the instant lease agreement, shall pay KRW 0 million to the following special agreement column by July 30, 2014.

In addition, “the content” was written.

C. On May 21, 2014, the Plaintiff remitted the intermediate payment of KRW 3 million to D’s account. On May 27, 2014, the Plaintiff received the instant house and paid part of the balance of the deposit to D.

D. After receiving the instant house, the Plaintiff agreed with the Defendant to install showers on the floor of the instant house, instead of claiming the expenses, that the Plaintiff was the tea and to reduce the said KRW 2,00,000 from KRW 2.5 million. On June 9, 2014, the Plaintiff transferred KRW 1,000,000,000, which was part of the remainder of the deposit, to D’s account.

E. Around November 20, 2014, D received KRW 3 million, which is part of the remainder from the Plaintiff, from the Plaintiff, and upon receiving the copy of the instant lease agreement, D stated that “monthly rent of KRW 18,000 (18,000,000) is paid monthly, KRW 18,000,000,000, monthly,” and then delivered it to the Plaintiff.

F. The instant lease agreement was terminated upon agreement around June 2015, and the Plaintiff removed from the instant house on October 20, 2015, and on November 17, 2015, returned KRW 10 million from the Defendant’s deposit.

[Ground of recognition] A.

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