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(영문) 수원지방법원 2018.10.10 2018가합13229
보증금반환
Text

1. As to KRW 245,143,260 and KRW 245,00,00 among them, the Defendant shall start from March 16, 2018 to October 10, 2018 to Plaintiff A.

Reasons

1. Basic facts

A. The plaintiffs are married with a couple, and the defendant is the owner of D apartment and 842 Dong 302 (hereinafter "the apartment of this case").

B. On January 2, 2016, Plaintiff A leased the instant apartment from the Defendant with the term of KRW 245,00,000 (hereinafter “the instant lease deposit”) and the term of lease from February 22, 2016 to February 21, 2018.

(hereinafter “instant lease agreement”). C.

Plaintiff

A around February 29, 2016, around February 29, 2016, completed the payment of KRW 245,000,000 to the Defendant, and around that time, received the instant apartment from the Defendant.

Plaintiff

A sent a text message to the Defendant on December 26, 2017, stating that “A would make the instant lease agreement due to the due date as stated in the phone call on February 22, 2018.” On January 18, 2018, A sent a content-certified mail to the Defendant that he/she had no intent to renew the instant lease agreement.

E. On March 8, 2018, Plaintiff A removed from the instant apartment and notified the Defendant thereof, and on March 15, 2018, notified the Defendant of the entrance and exit number to enter the instant apartment.

F. From February 29, 2016 to March 8, 2018, Plaintiff A paid KRW 143,260 with the long-term repair appropriations of the instant apartment from February 29, 2016 to March 8, 2018.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 through 4, 9, 14 through 16, 19, and the purport of the whole pleadings

2. The plaintiffs' assertion

A. Since the lease contract of this case was terminated due to the expiration of the termination period, the defendant should pay the plaintiff the lease deposit amount of KRW 245,000,000, long-term repair appropriations of KRW 143,260, and damages for delay on each of the above amounts.

B. Plaintiff A entered into a lease agreement on a new house to live after leaving the apartment of this case. The Defendant did not enter into a lease agreement on a deposit basis but did not refund the deposit money to Plaintiff A, and the deposit amount was KRW 50 million.

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