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(영문) 수원지방법원 성남지원 2018.02.13 2016가단226980
보증금반환
Text

1. The Defendant’s KRW 22,80,000 as well as 5% per annum from May 8, 2013 to February 13, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On January 14, 2010, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with Sungnam-gu, Sungnam-gu, Seoul-gu, with a deposit of KRW 30 million, monthly rent of KRW 300,000,000, and January 13, 2012 between January 14, 2010 and January 13, 2012.

B. On or around March 28, 2011, the Plaintiff leased KRW 25 million to F, and thereafter, was assigned a security deposit claim under the instant lease agreement (hereinafter “instant security deposit claim”) from C.

C. On July 13, 2011, C notified the Defendant of the transfer of the instant security deposit claim (hereinafter “instant transfer notification”) by content certification (hereinafter “instant transfer notification”), and such notification reached the Defendant.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay the above deposit amount of KRW 30 million to the plaintiff who acquired the claim of this case, and delay damages therefor, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. On January 201, the Defendant asserted the refund of deposit and the change of rent, the Defendant changed the instant lease agreement from KRW 30 million to KRW 20 million per month, and KRW 400,000 per month from KRW 300,000 per month. Accordingly, the Defendant asserted that the instant lease agreement was changed from KRW 10,000 to KRW 30,000 per month, but there is no evidence to acknowledge it.

Therefore, the defendant's above assertion is not accepted.

B. 1) The Defendant’s assertion that the rent deduction is asserted 1) as the Defendant’s allegation did not pay a total of KRW 26.8 million between February 2010 and November 2015, and there is no amount remaining if the remainder of the deposit is deducted from the remainder of the deposit KRW 20 million. 2) As the rent deduction lease contract between January 14, 2010 and January 13, 2012 is concluded, the lease deposit is all the lessee’s obligations arising from the lease after the termination of the lease contract until the lessor issues an order to the object.

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