(영문) 수원지방법원 성남지원 2018.08.29 2018가단200302

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(영문) 수원지방법원 성남지원 2018.08.29 2018가단200302

보증금반환

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1. The Defendant’s KRW 149,120,968 as well as the Plaintiff’s annual rate from May 9, 2018 to August 29, 2018, and the following.

Reasons

1. Basic facts

A. On February 21, 2013, the Plaintiff entered into a lease agreement with the Defendant under which the Plaintiff leases the fourth floor No. 401 (hereinafter “the instant loan”) from among multi-household housing on the fourth floor and the fourth floor owned by the Defendant (hereinafter “instant lease”) with the term of KRW 150 million, and the term of lease from April 30, 2013 to April 29, 2015 (hereinafter “the instant lease”). Under the said lease agreement, the Plaintiff paid the lease deposit to the Defendant, and the Defendant delivered the instant loan to the Plaintiff.

B. While the Plaintiff continued to renew the lease of this case and was residing in the Loan of this case, the Plaintiff demanded the Defendant to return the lease deposit from September 2017 to the Defendant on the grounds that the term of lease of this case expires, water leakage and myi are impossible to use.

C. On May 8, 2018, the Plaintiff withdrawn from the Loan of this case and delivered it to the Defendant.

[Ground of recognition] Each description of Gap evidence 1, 2, and 7 (including branch numbers; hereinafter the same shall apply), video, and the purport of the whole pleading

2. Determination

A. According to the above facts, according to the determination on the cause of the claim, the instant lease agreement is deemed to have been implicitly renewed on April 30, 2015 and April 30, 2017, respectively. In such a case, the lessee may notify the lessor of the termination of the contract at any time, and the lessor becomes effective three months after the date of receipt of the notification (Article 6 of the Housing Lease Protection Act). Therefore, it is reasonable to deem that the instant lease agreement was terminated on or around December 2017, when the Plaintiff requested the termination of the instant lease agreement.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the lease deposit of KRW 150 million and damages for delay from May 9, 2018 following the date on which the Plaintiff delivered the instant loan to the Plaintiff.

B. Defendant’s assertion and judgment (1) Defendant’s assertion (A) financial institution.

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