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(영문) 서울중앙지방법원 2017.08.10 2016가단5291315
임대차보증금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 15, 2014, Co., Ltd. leased (hereinafter “the lease of this case”) a deposit of KRW 60,000,000,000 owned by the Defendant from the Defendant, and the term of lease from February 22, 2014 to February 21, 2016 (hereinafter “the lease of this case”).

B. On November 8, 2016, the Plaintiff sent a certificate to the effect that the lease of this case was renewed, and that the Defendant returned to the Plaintiff within three months, seeking to terminate the lease of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 and Eul evidence 2 and 3, the purport of the whole pleadings

2. The plaintiff asserts that the lease of this case was terminated after the termination, and thus, sought the return of the deposit amount of KRW 60 million to the defendant. Thus, the fact that the lease of this case was terminated upon the agreement is as seen earlier, the defendant is obligated to return the deposit amount of KRW 60 million to the lessee of the lease of this case, but the defendant is not obligated to return the deposit amount of the lease of this case to the plaintiff who is not the lessee of the lease of this case.

Therefore, the plaintiff's claim seeking the return of the lease deposit of this case is without merit.

3. The plaintiff's claim is dismissed. It is so decided as per Disposition.

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