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(영문) 수원지방법원평택지원 2017.08.22 2016가단45835
임대차보증금
Text

1. The Defendant’s KRW 32,00,000 as well as the Plaintiff’s annual rate of KRW 5% from August 10, 2016 to August 22, 2017.

Reasons

1. On January 25, 2014, the Plaintiff asserted that he/she entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the lease deposit amount of KRW 80,000,000, and the term of lease from March 2, 2014 to March 1, 2016 (hereinafter “instant lease agreement”).

On February 6, 2014, the Plaintiff entered into a sales contract with C as to the entire building of the above multi-family house including the instant house, and C took over KRW 80,000,000 against the Defendant, and deducted it from the purchase price. Since C returned KRW 80,000,000 to the Defendant.

However, the Plaintiff received only KRW 28,000,000 from the Defendant as the lease deposit under the instant lease agreement, and did not receive the remainder of KRW 52,00,000.

Therefore, the Plaintiff seeks payment of the unpaid lease deposit KRW 52,00,000 to the Defendant.

2. Determination

A. In light of the facts that there is no dispute over the cause of the claim, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 8, and Eul's testimony, D's testimony, the plaintiff, as a broker, entered into a lease contract with the defendant on January 25, 2014 with respect to the housing of this case, with the term of March 2, 2014 to March 1, 2016, and 8,000,000, out of the lease deposit was paid on March 2, 2014; the plaintiff was paid on March 2, 2014; the plaintiff was paid 8,00,000 won out of the lease deposit to the defendant on January 25, 201; the plaintiff was paid 10,000 won out of the lease deposit to the defendant; and the defendant was delivered 30,000,000 won out of the lease deposit to the defendant; and the defendant was delivered 30,0006,0000 won.

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