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(영문) 서울남부지방법원 2017.11.14 2017가단230790
임대차보증금
Text

1. The defendant shall pay the plaintiff KRW 60,000,000.

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

3.Paragraph 1.

Reasons

In full view of the statements in Gap evidence Nos. 1 through 8 (including serial numbers) and the purport of the whole pleadings in witness Eul's testimony on April 17, 2015, the plaintiff entered into a lease contract with the defendant's wife representing the defendant as a broker of licensed real estate agent C on April 17, 2015, under which the plaintiff paid rent deposit amount of KRW 60,000,000, down payment, KRW 600,000, and the remainder of KRW 54,00,000, and from May 20, 2015 to May 20, 2017, the fact that the plaintiff directly transferred the above lease contract amount of KRW 6,00,000,000 from May 20, 2015 to the bank account under the name of the defendant's agent C, and the fact that the plaintiff directly paid the above lease contract deposit to the defendant's agent C in addition to the above lease contract amount of KRW 20,005,01.

According to the above facts, since the lease relationship between the plaintiff and the defendant with respect to subparagraph 6 of the first floor has expired on May 21, 2017 after the establishment of the lease relationship between the plaintiff and the defendant, the defendant as the lessor is obligated to return the lease deposit amount of KRW 60,000,000 to the plaintiff as the lessee upon the termination of the lease relationship.

The plaintiff's claim is justified and accepted.

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