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(영문) 서울동부지방법원 2015.07.08 2015가합586
임대차보증금
Text

1. The Defendant’s KRW 199,314,839, and the Plaintiff’s annual rate from December 27, 2014 to July 8, 2015, and the following.

Reasons

1. Judgment on the plaintiff's claim

A. 1) On October 11, 2012, the Plaintiff: (a) on October 11, 2012, the Defendant and Seoul Gwangjin-gu Seoul Special Metropolitan City, and (b) No. 202 of the D Building (hereinafter “instant Housing”).

(2) The term “the lease contract of this case” refers to the lease contract of this case between November 30, 2012 and November 30, 2014 (24 months) with respect to the lease deposit of this case (hereinafter “the lease contract of this case”).

(2) Around August 2014, the Plaintiff expressed his/her intent not to renew the instant lease agreement to the Defendant, and then notified the date of directors on September 23, 2014 by specifying it as the date of November 27, 2014, and the Defendant made an oral promise to return the deposit on the said date to the Defendant.

3) Since then, the Defendant: (a) concluded a loan contract with a financial institution on November 27, 2014 with a view to receiving a loan from a financial institution on the ground that a new lessee was placed on a physical lease; and (b) concluded a loan contract with a bank; (c) the employee delegated by the bank took part in the loan on November 27, 2014 and took part in the real estate brokerage office; (d) however, if the Plaintiff and the Defendant were to refund the remainder of the deposit that remains in excess of KRW 1,00-2,000,000, which is expected to be the repair cost at the Plaintiff’s expense, due to disputes arising from the Plaintiff’s transfer report for the security loan, the Plaintiff would complete the relocation report at the E-office of the directors as seen earlier by the certified judicial scrivener, but the said employee did not reach an agreement on the restoration to the original state; and (e) the Plaintiff could not return the deposit to the E-office on a different basis, and thus, the deposit

5) On November 30, 2014, the Plaintiff, on the same day, notified the Defendant of a request for the return of the deposit for lease deposit to recover the part of the crowdfunding until November 30, 2014, and thereafter, the Plaintiff left part of this article, and completed the transit recovery by bringing KRW 300,000 for repair costs on November 29, 2014. 6).

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