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(영문) 서울중앙지방법원 2017.09.13 2017가단5052104
임대차보증금
Text

1. The defendant shall deliver real estate stated in the separate sheet from the plaintiff to the plaintiff at the same time at KRW 51,674,000.

Reasons

Basic Facts

On March 13, 2010, the Plaintiff paid the monthly rent on the 13th day of each month, in addition to the rental deposit, to the real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant, and entered into a lease agreement setting the lease period of two years and moved into the instant real estate.

The Plaintiff and the Defendant changed the amount of rental deposit and monthly rent several times thereafter and renewed the lease contract. On February 28, 2015, the monthly rent of KRW 55,000,000, monthly rent of KRW 800,000, and the lease period of KRW 28, 2016, the monthly rent contract (Evidence 1) was prepared.

On February 2016, the Plaintiff requested the Defendant to terminate the lease contract on the instant real estate because it is necessary for the Plaintiff to pay the medical expenses of the Plaintiff, and the Defendant again requested the termination of the lease contract and the return of the lease deposit through the content-certified mail (Evidence A 3) on October 26, 2016, and this content-certified mail reached the Defendant around that time.

On January 1, 2016, the Plaintiff and the Defendant viewed the Defendant’s passbook at the same place with the Plaintiff’s husband and four (4) persons, including C, who are the Defendant’s branch of the Defendant, and then confirmed the details of the monthly rent unpaid by the Plaintiff during that period, and prepared a settlement table (Evidence A6) stating that the total amount of the monthly rent unpaid until January 13, 2016 after concluding the first lease agreement, was 3,326,000.

After the preparation of the above settlement slip, the Plaintiff did not pay the monthly rent to the Defendant, and the Plaintiff occupied the instant real estate as of the date of the closing of the argument in this case.

[Grounds for recognition] No dispute exists. Gap's evidence Nos. 1 through 6 (including a paper number), Gap's evidence Nos. 8 and 9, Eul's testimony, and the plaintiff's assertion as to the ground for claim of the whole purport of the pleadings. The plaintiff and the defendant alleged on March 13, 2010 when concluding the first lease contract on the real estate of this case on March 13, 2010, deposit money of KRW 50,000, monthly rent of KRW 450,000.

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