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(영문) 인천지방법원 2017.05.17 2016가단42335
임차보증금반환금청구이의
Text

1. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit shall be dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 31,50,000,000 against the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is the owner of the Nam-gu Incheon Metropolitan City Atel 304 (hereinafter “instant real estate”).

On February 15, 2012, the Plaintiff entered into a lease contract (hereinafter “instant contract”) with the Defendant and B as the person having chonsegwon, and with the Defendant and B as the occupant of B, with the lease deposit of KRW 31,50,000, and the period from March 2, 2012 to March 1, 2014.

The instant contract includes the following:

Article 4 (Management, etc. of Housing) (1) Where a tenant requests repair due to a defect in a house without any negligence of the tenant, the lessor shall promptly repair the house.

(2) In using the instant real estate, the occupant shall repair and maintain daily the portion damaged or destroyed by the occupant or the expendable materials, and bear all expenses incurred by the use of the instant real estate.

(3) Where a dispute arises due to a defect in a house itself or a defect in the use of a house, the settlement shall be made directly between the lessor and the occupant.

Where a lessor does not want to renew a contract under Article 6 (Renewal of Contract), he/she shall notify the other party of the termination of contract from six months to one month before the expiration of the lease period, and the lessee shall notify the other party of the termination of the contract by one month before

Provided, That if both parties have not made any separate declaration, the contract shall be deemed to have been concluded again under the same conditions as previous ones.

Article 8 (Refund of Deposit for Lease, Compensation for Damages, etc.) (1) Where the contract expires or the contract is terminated or terminated pursuant to Article 7, the lessor shall return the full amount of deposit for lease on a deposit basis to the lessee in the bank account of the lessee, and the occupant shall deliver the real estate of this case to the lessor at the same time as the lessee is paid the deposit money.

Provided, That where the tenant consents, the lessor may directly refund all or part of the occupant's charges under Article 1 (2) to the tenant.

B. Of the deposit for the lease on a deposit basis 2.

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