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(영문) 서울중앙지방법원 2015.08.13 2014가단55909
임대보증금반환
Text

1. The Defendant’s KRW 8,948,497 with respect to the Plaintiff and KRW 5% per annum from April 24, 2015 to August 13, 2015.

Reasons

1. On October 16, 2009, the Plaintiff and the Defendant concluded a lease agreement with the Defendant for the lease deposit of KRW 50,000,000 (hereinafter “security deposit”), monthly rent of KRW 600,000, and the lease period of October 16, 201 (hereinafter “instant lease agreement”) with respect to the five floors of the Seo-gu Incheon Metropolitan City C District 96 Bridge 4 (hereinafter “instant building”) owned by the Defendant.

(C) Around May 31, 2010, the Plaintiff and the Defendant respectively changed the deposit amount of KRW 80,000,000 and monthly rent of KRW 300,000 from the terms of the instant lease agreement to KRW 80,000.

On the other hand, the term of lease was extended by October 16, 2013, following the expiration of the term of lease of this case between the Plaintiff and the Defendant, as the term of lease of this case was implicitly renewed.

The Plaintiff paid the security deposit to the Defendant pursuant to the instant lease agreement and operated a private teaching institute in the instant building, and notified the Defendant of his/her intention not to renew the instant lease agreement on August 2013. Accordingly, the instant lease agreement was terminated on October 16, 2013.

The Plaintiff and the Defendant agreed to recover the Plaintiff’s deposit from the Plaintiff by seeking a new lessee, and accordingly, while finding out the new lessee, the Plaintiff and the Defendant decided to lease the instant building on the condition that F is KRW 20,000,000 and monthly rent of KRW 1,30,000. On March 5, 2014, under the Defendant’s consent, F entered into a contract for the transfer of the right facilities with the content that F acquires the Plaintiff’s right to the instant building from the Plaintiff in KRW 13,00,000 (hereinafter “instant contract for the transfer of facilities”).

However, there is a problem.

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