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(영문) 청주지방법원영동지원 2015.09.18 2015가단4220
보증금반환
Text

1. The defendant shall pay the plaintiff KRW 60,000,000.

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

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On April 27, 2013, the Plaintiff entered into a contract to establish a right to lease on a deposit basis with the Plaintiff (1) on April 27, 2013, No. 103-dong 104 (hereinafter “instant building”).

(2) As to the term of lease on a deposit basis, the term of lease on a deposit basis is KRW 60 million, and the term of lease on a deposit basis is from May 31, 2013 to May 31, 2015 (hereinafter “contract to lease on a deposit basis”).

(2) On June 3, 2013, the Plaintiff completed the registration of the establishment of chonsegwon on the instant building, and around that time, paid 60 million won to the Defendant.

B. On March 5, 2015, the Plaintiff requested the Defendant to return the deposit money according to the termination of the instant contract for lease on a deposit basis, but the Defendant respondeded to the Plaintiff that “the deposit money cannot be returned before other tenants enter the port.” 2) On March 25, 2015, the Plaintiff notified the Defendant of the termination of the instant contract for lease on a deposit basis and the purport of seeking the return of the deposit money.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination and conclusion, the instant contract to establish a right to lease on a deposit basis was terminated on May 31, 2015 at the expiration of the lease period.

Therefore, the defendant is obligated to return 60 million won to the plaintiff.

If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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