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(영문) 수원지방법원 안양지원 2018.04.26 2017가합105406
임대차보증금
Text

1. The Defendant’s KRW 176,00,000 for the Plaintiff and 5% per annum from December 4, 2017 to April 26, 2018.

Reasons

1. Facts of recognition;

A. On October 17, 2013, the Plaintiff concluded a lease agreement with the Defendant to lease the lease deposit amount of KRW 190,000,000 with the former C Building D (hereinafter “instant real property”) during the period of Ansan-si from the Defendant. Around that time, the Plaintiff paid the said lease deposit to the Defendant and received the instant real property.

B. On September 21, 2015, the Plaintiff and the Defendant are above-mentioned.

The lease deposit stated in paragraph (1) increased to KRW 240,00,000, and the lease term was set from November 29, 2015 to November 28, 2016, concluded a lease agreement to lease (hereinafter “instant lease agreement”).

C. The Plaintiff paid KRW 5,00,000,000, out of the lease deposit increased pursuant to the instant lease agreement, to the Defendant on September 21, 2015, and KRW 45,000,000, respectively, on November 29, 2015.

On September 3, 2017, the Plaintiff sent a text message to the Defendant that presented the instant real estate to the person who wishes to newly rent the instant real estate upon the Defendant’s request for termination of the instant lease agreement.

E. On November 29, 2017, the Plaintiff removed the instant real estate from the real estate office and left the key to the licensed real estate agent office. The Defendant was handed over the key around that time.

F. On October 10, 2017, the Defendant returned to the Plaintiff KRW 24,00,000,000, and KRW 40,000,00 on February 5, 2018.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts as to the termination of the instant lease agreement, unless it is evident that the Defendant notified the Plaintiff of the rejection of renewal one month prior to the expiration of the instant lease agreement, the instant lease agreement was implicitly renewed pursuant to Article 6(1) of the Housing Lease Protection Act on November 28, 2016, which is the expiration date of the lease agreement.

On the other hand, the lease contract is.

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