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(영문) 서울북부지방법원 2018.10.11 2018나31727
보증금반환
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit, and appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and the counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 17, 2009, the Plaintiff leased the instant apartment from the Defendant, and extended the lease term after receiving the delivery of the instant apartment from the Defendant. On March 7, 2015, the Plaintiff entered into a contract with the Defendant to lease the instant apartment by setting the deposit amount of KRW 350,000,000, and the period from April 30, 2015 to April 29, 2017, and paid the said deposit to the Defendant.

Article 5 of the lease contract prepared at the time of the conclusion of the above lease contract states that "a lessee shall restore the real estate to its original state and return it to the lessor."

B. After that, the Plaintiff and the Defendant agreed to extend the lease term until May 12, 2017. On May 12, 2017, the Plaintiff delivered the instant apartment to the Defendant, and the Defendant returned KRW 340,00,000 out of the deposit to the Plaintiff, and on the remainder of KRW 10,000,000, the Plaintiff and the Defendant agreed to include the following (hereinafter “instant agreement”).

As to the damaged part of the apartment of this case, the plaintiff is responsible for restoring the damaged part by his negligence to its original state.

As such, KRW 10,00,000 shall be deducted from the deposit to be received by the plaintiff.

The damaged part shall correspond to the details of the attachment, and if the damaged part is discovered after the completion, all parts shall be restored.

Provided, That where the portion not attributable to the plaintiff's negligence is determined, it shall be subject to the immediate payment of deposit.

Reinstatement shall not exceed one month, and thereafter the defendant shall perform it without the consent of the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 10, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s Defendant did not refund 10,000,000 won out of the deposit for lease to the Plaintiff and the Plaintiff’s objection thereto.

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