(영문) 대전지방법원천안지원 2016.05.31 2015가단15319

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(영문) 대전지방법원천안지원 2016.05.31 2015가단15319

임대보증금반환

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 22, 2013, the Plaintiff entered into a real estate lease agreement (hereinafter “instant lease agreement”) with the Defendant with respect to the third floor 301 of Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon (hereinafter “instant building”) owned by the Defendant on a deposit of KRW 50,000,000, monthly rent of KRW 1,50,000, and the lease period of KRW 1,50,000, and from March 1, 2013 to March 1, 2015, the Plaintiff paid KRW 50,000,000 to the Defendant on the date of the contract.

B. On February 28, 2015, the Plaintiff delivered the instant building to the Defendant, and the instant lease agreement was terminated on March 1, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, the purport of the whole pleadings

2. The Plaintiff’s assertion that the lease deposit of this case was KRW 30,000,000,000, out of KRW 50,000,000, and KRW 30,000 on February 12, 2015, and KRW 20,000,000 on March 9, 2015, and did not receive refund of KRW 20,000,00, and thus, the Defendant is liable to pay the Plaintiff the lease deposit amount of KRW 20,00,00,00 and delay damages.

3. Determination

A. The Defendant, as well as KRW 30,000,000, which the Plaintiff was returned from the Defendant, remitted the sum of KRW 19,000,000 to the Plaintiff’s account in the name of the Defendant’s deposit account on June 25, 2014; KRW 10,000,000 on April 13, 2015; KRW 3,000,000 on May 6, 2015; and KRW 19,000,000 on July 14, 2015 to the Plaintiff’s account in the name of the Defendant’s exclusive or under the name of the Plaintiff. 2) The Defendant deducted the Plaintiff from the lease deposit amount to be returned to the Plaintiff, the amount of KRW 1,00,000 out of the monthly rent on February 2, 2015, which was unpaid by the Plaintiff.

[Ground of recognition] Facts without dispute, Eul's statements 1, 4, and 5's statements, the purport of the whole pleadings

B. The following circumstances, which can be seen by comprehensively taking account of the evidence and the purport of the entire pleadings as seen earlier, are as follows: KRW 30,000,000, which the Plaintiff was the person who received the refund of the lease deposit from the Defendant, is also located in the deposit account in the name of the Defendant.

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