(영문) 대전지방법원천안지원 2016.03.29 2015가단17957

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(영문) 대전지방법원천안지원 2016.03.29 2015가단17957

전세보증금반환

Text

1. The defendant shall pay 45,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On April 22, 2015, the Plaintiff entered into a lease agreement with the Defendant to lease (hereinafter “instant lease agreement”) with the lessee, setting the lease deposit amount of KRW 45,000,000, and the lease period of April 27, 2015 to April 26, 2017 (hereinafter “instant lease agreement”).

B. The Plaintiff paid the Defendant the remainder of KRW 25,00,000 on the date of the contract, and KRW 20,000,000 each on April 27, 2015, and received delivery of the said building.

C. Meanwhile, on May 15, 2015, D received a provisional attachment order as to the instant building by this Court 2015Kadan966, on the ground that the Defendant had the claim for refund of deposit for lease amounting to KRW 25,200,000.

Upon becoming aware of this fact, the Plaintiff notified the Defendant of the termination of the instant lease agreement on June 16, 2015, and demanded the return of the lease deposit. On the same day, the Defendant agreed to refund the lease deposit to the Plaintiff by June 30, 2015.

[Reasons for Recognition] Facts without dispute, each entry into Gap's evidence 1 through 4 [No dispute exists as to the fact that the stamp image next to the defendant's name affixed with Gap's evidence Nos. 3 (A), and Gap's evidence No. 4 (each note) is based on the defendant's seal, the authenticity of the whole document is presumed to have been established], and the purport of the whole

2. According to the facts of the determination as to the cause of the claim, the Plaintiff requested the return of the lease deposit by notifying the Defendant of the termination of the instant lease agreement on June 16, 2015, and accordingly, the Defendant agreed to return the lease deposit to the Plaintiff by June 30, 2015. Accordingly, the instant lease agreement was terminated by the agreement concluded on June 16, 2015 or at least June 30, 2015.

Therefore, the defendant is obligated to refund 45,000,000 won to the plaintiff.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

유사 판례

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