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(영문) 서울남부지방법원 2017.08.22 2016가단47946
보증금반환
Text

1. The Defendant’s delivery from the Plaintiff of Seoul Apartment and 10 Dong 126 at the same time at KRW 200,000,000 to the Plaintiff.

Reasons

On March 1, 2016, the Plaintiff leased (i) Seoul Apartment and 10 Dong 126 (hereinafter “instant apartment”) from the Defendant to KRW 200,00,000, monthly rent of KRW 450,000, and the term of lease from March 15, 2016 to March 14, 2017; (ii) the Plaintiff paid KRW 200,000,000 to the Defendant around that time; and (iii) the Plaintiff did not pay the monthly rent after November 15, 2016 to the Plaintiff, may be recognized in full view of the purport of the entire pleadings in the evidence No. 1.

In addition, on December 6, 2016, the fact that the plaintiff filed a lawsuit of this case seeking the return of the lease deposit on the premise of the termination of the lease contract and delivered it to the defendant on the 13th of the same month is apparent in the record.

According to the above facts, the lease contract between the plaintiff and the defendant was terminated on March 14, 2017.

As such, the Defendant is obligated to pay the Plaintiff the balance after deducting the monthly rent or unjust enrichment from November 15, 2016 to the delivery date, calculated at the rate of KRW 450,000,000, from the lease deposit to the above delivery date, along with the delivery of the instant apartment from the Plaintiff as a result of the performance of the duty to restore the status following the termination of the lease relationship.

The plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are groundless.

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