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(영문) 부산지방법원 동부지원 2018.10.17 2018가단7674
임대차보증금
Text

1. The defendant shall pay 145,000,000 won to the plaintiff.

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

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On April 18, 2016, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit amounting to KRW 145,000,000, and the period from May 10, 2016 to May 9, 2018 (hereinafter “instant lease agreement”) with respect to the Nam-gu Busan metropolitan apartment 102, 402 (hereinafter “instant apartment”). At that time, the Plaintiff paid the Defendant KRW 145,00,000 as the above lease deposit to the Defendant.

B. From February 2018, prior to the expiration of the instant lease agreement, the Plaintiff notified the Defendant of the fact that there was no intent to renew the instant lease agreement several times, and thus, the Plaintiff notified the Defendant of the refund of the lease deposit upon the expiration of the contract term.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, the purport of the whole pleadings

2. According to the facts of the above recognition, since the lease contract of this case was lawfully terminated due to the expiration of the term, the Defendant, a lessor, is obligated to refund KRW 145,00,000 to the Plaintiff, a lessee.

[Dissenting this, the Defendant asserted that the Plaintiff cannot respond to the Plaintiff’s claim because it agreed to extend the lease agreement of this case with the Plaintiff, but there is no evidence to prove the above assertion. As seen earlier, the Plaintiff notified the Defendant of the refusal to renew the lease agreement of this case lawfully prior to the expiration of the lease agreement of this case, and thus, the Defendant’s assertion is not acceptable)

3. In conclusion, the plaintiff's claim is reasonable, and all of them are accepted. It is so decided as per Disposition.

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