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(영문) 창원지방법원통영지원 2015.06.30 2014가단13661
임대차보증금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 13, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) stipulating the lease deposit amount of KRW 75 million and the term of lease from November 15, 2012 to November 14, 2013 between the Plaintiff and C, and the said lease agreement remains effective even around April 2014.

B. Around April 2014, the Plaintiff was placed in the place where the Plaintiff should deliver the instant housing No. 1 without being refunded KRW 75 million to the purchaser of the auction case. Around that time, the mother of the C representative director E, a company, would be able to receive the refund of the said lease deposit by leasing another house to the Plaintiff.

C. On April 5, 2014, the Plaintiff entered into a lease agreement between F and F as the Defendant’s agent, setting the lease deposit amount of KRW 75 million and the lease deposit of KRW 75 million from April 5, 2014 to October 4, 2014 (hereinafter “instant lease agreement”). The Plaintiff agreed to substitute the lease deposit of KRW 75 million paid under the instant lease agreement for the lease deposit of KRW 15 million.

【Ground of recognition】 Evidence No. 1-1, Evidence No. 4, Witness H’s testimony, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The gist of the parties’ assertion 1) The Plaintiff duly concluded the instant secondary lease agreement with F on behalf of the Defendant, and delivered the instant second house to the Defendant after the termination of the said lease agreement, and the Defendant asserts that the Defendant is obligated to refund KRW 75 million to the Plaintiff the lease deposit. (2) On January 29, 2014, the Defendant determined the instant second house as KRW 5 million and monthly rent as KRW 600,000 to F on January 29, 2014.

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