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(영문) 의정부지방법원 2017.11.30 2017나204545
임대차보증금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

On August 3, 2009, the Plaintiff entered into a lease agreement with the Defendant, setting the lease agreement to KRW 70,00,000 on August 3, 2009, KRW 150,000, and KRW 150,000 during the lease period from August 14, 2009 to August 13, 2010, and entered into several re-contracts on several occasions after the expiration of the lease period. The Plaintiff entered into a lease agreement to KRW 137,00,000 on August 14, 2015, KRW 10,000, KRW 100,00 for rent (a separate management fee, KRW 50,000), and KRW 10,00 for rent (a total of KRW 50,000), from August 14, 2015 to KRW 10,000 for lease (hereinafter “the lease agreement”).

The Plaintiff agreed to terminate the instant lease agreement with the Defendant during 2016, and delivered the instant No. 303 to the Defendant on October 25, 2016.

【In light of the fact that there is no dispute, Gap’s evidence Nos. 1 through 5, and the purport of the entire pleadings, the lease contract of this case terminated by the agreement between the plaintiff and the defendant for termination, and the plaintiff delivered the defendant of this case 303, which is the object of the lease. Thus, the defendant, the lessor, barring special circumstances, is obligated to pay to the plaintiff, the lessee, the amount of KRW 119,88,11,890, excluding the amount of KRW 119,88,110,110, excluding the amount of KRW 119,88,110,110, and the amount of delay damages calculated at the rate of 5% per annum as prescribed by the Civil Act from October 26, 2016 to the date of delivery of a copy of the complaint of this case from the next day to January 6, 2017, which is the date of complete payment.

The Defendant’s assertion on the Defendant’s defense, etc. is exempt from KRW 17,11,890, the remainder of the lease deposit of this case claimed by the Plaintiff, plus KRW 17,11,890, as follows:

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