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1. The Defendant’s KRW 20,000,000 and the following day shall be 5% per annum from May 27, 2017 to July 6, 2018 to the Plaintiff.
Reasons
1. Determination on the claim for refund of the rental deposit
A. The Plaintiff’s assertion 1) The Plaintiff’s assertion is that the building D located in the Namsan Metropolitan City, Ulsan Metropolitan City (hereinafter “instant building”) owned by the Defendant from the Defendant around 2007.
() From the end of 2011, when the Plaintiff leased and used the underground floor (hereinafter “instant lease agreement”) and from the end of 201, the Plaintiff leased the second floor E of the instant building in KRW 50 million and monthly rent of KRW 200,000 (hereinafter “instant lease agreement”).
(2) The Plaintiff paid KRW 50 million to the Defendant according to the instant lease agreement, but thereafter, the final rental deposit remains continuously due to the Plaintiff’s necessity. However, around January 31, 2017, G, which leased the instant building F, died due to a fire, and the Plaintiff determined that the instant building could no longer be leased and used, and the Defendant notified the Defendant of the termination of the instant lease agreement. Furthermore, the Defendant, when the construction is needed due to the aging of the instant building, notified the Plaintiff of the termination of the instant lease agreement, and the instant lease was terminated. Accordingly, the Defendant’s assertion that the Defendant leased the underground floor among the instant building to H, the Plaintiff’s husband, KRW 5 million, and KRW 30 million, KRW 300,000,000,000,000,000,000,0000,000 won, which was paid from the Plaintiff’s husband.
Since then, at the request of the Plaintiff around 2011, the Defendant leased KRW 50 million of the deposit for the lease without monthly rent to the second floor E of the instant building.
At the request of the Plaintiff, the Defendant lent KRW 10 million to the Plaintiff on May 2, 2012, and returned KRW 5 million on May 2, 2012. On March 23, 2013, KRW 5 million, KRW 500,500,000 on April 25, 2013, and KRW 5 million on April 26, 2013.