(영문) 인천지방법원 부천지원 2018.10.16 2018가단104520

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(영문) 인천지방법원 부천지원 2018.10.16 2018가단104520

보증금반환

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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from March 28, 2018 to the day of complete payment.

Reasons

1. On November 10, 2015, the Plaintiff received from the Defendant the order of lease registration (Seoul District Court Branch Branch Decision 2018Kadan11) regarding the instant real estate on the following day, and then leased the lease deposit of KRW 140 million from December 24, 2015 to December 24, 2017 (hereinafter “instant lease contract”). The Plaintiff paid KRW 140 million to the Defendant under the said lease contract. The Plaintiff received the order of lease registration (hereinafter “instant real estate”) on January 25, 2018 from the Defendant, and the Defendant returned the lease deposit of KRW 100 million to the Plaintiff on May 16, 2018, and the remainder of the lease deposit was delivered to the Plaintiff at the rate of KRW 100 million from May 28, 2018 to the expiration of the lease contract, barring any dispute between the parties to the instant lease contract and the Plaintiff on the expiration of the lease contract, and thus, the Defendant is obligated to pay the remainder of the lease deposit to the Plaintiff.

2. The defendant's assertion and judgment

A. The Defendant asserted that: (a) on September 10, 2012, the real estate of this case was leased KRW 130 million to F under the E’s brokerage, who had been employed as an employee of a certified brokerage office operated by the Plaintiff prior to the conclusion of the instant lease agreement; (b) on the said lease deposit, KRW 50 million was paid to the previous lessee as the refund of the lease deposit; and (c) the remainder of KRW 80 million was kept by the Plaintiff.

Since the money remaining after the above KRW 80 million was paid at the defendant's request among the above KRW 40 million, the KRW 40 million out of the lease deposit under the lease contract of this case shall be offset against the above Defendant's claim for the refund of the deposit in custody against the Plaintiff.

B. Determination A.

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