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(영문) 부산지방법원 2019.06.07 2018나57001
임대차보증금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. On October 3, 2013, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amount of KRW 5 million, KRW 250,000,000 per month, and KRW 12 months for the lease deposit (hereinafter “instant lease agreement”). On October 13, 2017, the Plaintiff notified the Defendant of the termination of the said lease agreement on October 22, 2017. On December 22, 2017, the Plaintiff delivered the instant studio to the Defendant on the following: the Defendant returned the deposit amount of KRW 303,00,000 to the Plaintiff on December 27, 2017, without dispute between the parties to the lease agreement, or the purport of the entire statement and evidence under subparagraph 1, 2, and each of the parties’ arguments can be acknowledged.

According to the above facts, barring any special circumstance, the defendant asserts that the plaintiff is KRW 3030,000,000,000, which was already refunded at the lease deposit of KRW 5 million, and the plaintiff's unpaid amount of KRW 700,000,000,00,000,000,000,000,000,000,000,000,000,000 won is KRW 70,000.

(A) 1,270,00 won after deducting A’s evidence (i.e., 5 million won - 3030,000 won - 700,000 won) and damages for delay.

2. Judgment on the defendant's assertion

A. The Defendant asserts that the instant lease agreement was implicitly renewed, and in such a case, the lessee’s notice of termination becomes effective three months after the date when the lessor was notified of the termination. However, the Defendant received the notice of termination from the Plaintiff only on December 22, 2017, and accordingly, the unpaid rent should be deducted from the lease deposit for three months from that time until the termination of the lease agreement becomes effective.

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