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(영문) 서울남부지방법원 2015.01.15 2014가합4751
임대차보증금반환
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 505,040 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from February 25, 2014 to January 15, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 15, 2009, the Plaintiff’s wife leased the real estate listed in the separate sheet (hereinafter “instant apartment”) from the Defendant from the Defendant (hereinafter “instant apartment”) by setting the lease deposit amount of KRW 200 million, the lease deposit period from February 25, 2010 to February 24, 2012, and paid KRW 200 million to the Defendant.

(hereinafter “previous Lease”). After that, on February 25, 2012, the Plaintiff agreed with the Defendant to pay KRW 2550 million for the lease deposit under the previous lease agreement, to change the name of the lessee to the Plaintiff, and to extend the lease period from February 25, 2012 to February 24, 2014, and to pay KRW 55 million for the increased lease deposit.

(hereinafter “Lease of this case”). (b)

On February 2, 2014, the Plaintiff notified the first Defendant of the absence of intention to extend the instant lease agreement, and removed from the instant apartment on February 22, 2014. On April 2, 2014, the Plaintiff completed the registration of the right to lease (hereinafter “instant lease registration”) as to the instant apartment on April 2, 2014.

C. On May 2, 2014, the Defendant deposited the Plaintiff as the principal deposit and deposited KRW 2550 million, and the Plaintiff received the said KRW 250 million.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 12, 15, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant asserted that the lease of this case was terminated, the Plaintiff left the apartment of this case, and deposited only KRW 250 million from May 2, 2014, about 200,000. At the time of deposit, the Defendant, as well as KRW 2550 million, shall move out of the apartment of this case and pay KRW 660 million for delay damages for 2 months, and KRW 505,040,00 for the long-term repair appropriations paid by the Plaintiff on behalf of the Defendant, and KRW 205,000,000,000,000 from May 2, 2014, 2014. At the time of deposit, the Defendant is also obligated to pay to the Plaintiff for delay damages for 2 months, which

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