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(영문) 서울남부지방법원 2018.06.22 2017가단257221
임대차보증금
Text

1. Of the instant lawsuit, the part demanding the payment of demand procedure costs shall be dismissed.

2. The defendant shall pay to the plaintiff KRW 74,878.

Reasons

1. Basic facts

A. On September 10, 2013, the Plaintiff entered into a lease agreement with the Defendant to lease the Gangseo-gu Seoul Metropolitan Government C 301 (hereinafter “instant building”) by setting the lease deposit of KRW 65,00,000, monthly rent of KRW 250,000, and the period from October 18, 2013 to October 18, 2015. The Plaintiff received the delivery of the instant building by paying the deposit to the Defendant around that time.

B. On October 16, 2015, the Plaintiff entered into a lease renewal agreement (hereinafter “instant lease agreement”) with the Defendant to lease the instant building with a period of KRW 60,000,000, monthly rent of KRW 400,000, and the period from October 18, 2015 to October 18, 2017, and the lessee returned the instant building to the lessor upon the termination of the lease agreement. In such a case, the lessee returned the building to the original state and the lessor returned the deposit.

C. The Plaintiff, from a few months before the termination of the instant lease agreement, expressed that the Plaintiff did not intend to renew the contract on several occasions, and requested the return of the deposit as the director will be at the end of the contract.

On October 18, 2017, the date on which the contract is concluded, the Plaintiff went to another place in the instant building.

However, the Defendant did not refund the lease deposit to the Plaintiff, and deposited KRW 50,000,000,000 in the Plaintiff’s Credit Union account on January 18, 2018, and KRW 7,000,000 on January 30, 2018, and KRW 3,000,000 on February 1, 2018, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 5-1 to 3, Eul evidence 6-1 and 2, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. Plaintiff’s assertion 1: (a) for the revocation of provisional attachment, the Defendant paid the Plaintiff KRW 50,000,000 on January 18, 2018; (b) KRW 7,000,000 on January 30, 2018; and (c) KRW 3,00,000 on February 1, 2018; and (c) for the delay payment and the principal payment, the remainder of the lease deposit that remains after the appropriation for performance would be KRW 774,878.

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