(영문) 서울서부지방법원 2015.06.04 2014가합8837

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(영문) 서울서부지방법원 2015.06.04 2014가합8837

전세보증금반환

Text

1. The defendant shall pay 280,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

Judgment

On December 10, 201, the Plaintiff entered into a lease contract between the Defendant and the Defendant (hereinafter referred to as “the lease contract of this case”) with respect to the real estate listed in the separate sheet (hereinafter referred to as “the instant real estate”) with the lease deposit amount of KRW 280 million, and the lease contract between January 10, 2012 and January 9, 2014 with the lease deposit period of KRW 24 months (hereinafter referred to as “the lease contract of this case”). The Plaintiff and the Defendant agreed to extend the lease period of this case six months after the expiration of the lease period of this case on January 9, 2014, there is no dispute between the parties, and according to the written evidence Nos. 2 and 3, the Plaintiff is recognized to have paid the Defendant the lease deposit of KRW 250 million on December 5, 201, KRW 257 million on the same month, KRW 27 million on the same month, and KRW 37 million on the same month.

Therefore, since the lease contract of this case ends on or around July 9, 2014 as the lease period expires, the defendant is obligated to return the lease deposit of this case to the plaintiff KRW 280 million.

(2) The Plaintiff’s claim for the repayment of the deposit money of this case is without merit, and the Plaintiff’s obligation to return the deposit money of this case and the Plaintiff’s obligation to deliver the real estate of this case are simultaneously performed, and there is no assertion that the Plaintiff performed the obligation to deliver the real estate of this case and provided the Defendant with the obligation to deliver the real estate of this case. Thus, the Plaintiff’s claim for the repayment of the deposit money of this case was without merit. Thus, the Plaintiff’s claim for the repayment of the deposit money of this case is justified within the scope of the above recognition. It is so decided as per Disposition by the assent of all participating Justices.

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