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(영문) 대구지방법원 김천지원 2018.11.01 2018가단32315
보증금반환
Text

1. The defendant shall pay KRW 120,000 to the plaintiff.

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

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On January 27, 2014, the Plaintiff entered into a lease agreement with the Defendant for the term of lease from February 24, 2014 to February 23, 2016 (hereinafter “instant contract”), and paid KRW 120 million to the Defendant for the lease deposit.

B. On February 14, 2014, the Plaintiff and the Defendant concluded a contract to establish a chonsegwon under the same conditions as the instant contract on the same day as the date of entering into the instant contract, and completed the registration of the establishment of chonsegwon as the receipt of an unregistered lawsuit by the Daegu District Court (Seoul District Court)

C. On November 2015, the Plaintiff notified the Defendant that he would terminate the instant contract, and demanded the return of the deposit.

On January 30, 2016, the Defendant sent to the Plaintiff the word “Written Sheet to set the deposit amount by up to five days after the last day of every month.” However, the Defendant did not return the deposit up to now.

[Evidence] Facts without dispute, entry in Gap evidence 1 to 8 (including branch numbers for those with additional numbers) and the purport of the whole pleadings

2. According to the facts of the above recognition, the defendant shall return the lease deposit to the plaintiff according to the expiration of the contract of this case. Thus, the defendant is obligated to pay the lease deposit amount of KRW 120 million to the plaintiff.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition by admitting it.

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