(영문) 부산지방법원 2018.11.14 2018가합45899

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(영문) 부산지방법원 2018.11.14 2018가합45899

임대차보증금

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1. The Defendant: (a) KRW 230,00,000 for the Plaintiff and 5% per annum from June 24, 2018 to November 14, 2018; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On September 23, 2014, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant (hereinafter “instant real estate”) on the following terms: (a) the Plaintiff agreed to lease the Busan Jin-gu C Apartment 1402 (hereinafter “instant real estate”); and (b) thereafter, the instant lease agreement was implicitly renewed.

Article 1 (Purpose) only for the lease of the instant real estate, the lessor and the lessee, by agreement, shall pay the lease deposit and the rent as follows.

Deposit: 230,000,000 down payment: The remainder of KRW 23,00,000 (payment on a contractual basis): Article 2 (Duration) of the Act (Payments October 28, 2014) provides that the lessor shall deliver the said real estate to the lessee by October 28, 2014 in a state where he/she can use the said real estate for the purpose of the lease, and the lease period shall be from the date of delivery to October 28, 2016 (Payments 24 months).

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or the amount of compensation is paid, he/she shall restrain it and refund the balance.

B. The Plaintiff paid KRW 230,000,000 to the Defendant the lease deposit under the instant lease agreement.

C. On February 5, 2018, April 25, 2018, and May 9, 2018, the Plaintiff notified the Defendant that the instant lease contract was terminated and the lease deposit was refunded.

On June 23, 2018, the Plaintiff handed over the instant real estate to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (if available, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion notified the Defendant of the termination of the instant lease agreement while the instant lease was implicitly renewed.

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