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(영문) 수원지방법원 2015.02.05 2014나39043
임대차보증금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Comprehensively taking account of the purport of the argument as a whole in the statement of evidence Nos. 1 through 4 of the Defendant’s obligation to return lease deposit, the Plaintiff agreed on December 4, 2012 between the Defendant and the Defendant to terminate the above lease deposit with the Defendant on December 4, 2012 (this case’s lease deposit) by setting the lease deposit amount of KRW 20 million from December 20, 2012 to December 20, 2014, the lease deposit amount of KRW 20 million from December 20, 2014, and KRW 3 million from monthly rent, and the Plaintiff paid all the lease deposit to the Plaintiff by December 19, 2012, since the Plaintiff agreed on the termination of the lease deposit with the Defendant on December 4, 2013, the evidence submitted by the Defendant alone is insufficient to acknowledge the lease deposit amount of KRW 301,000,000,000,000,000.

2. On March 2013, the Defendant unilaterally promised to unilaterally suspend the operation of the instant leased premises, but did not introduce any other lessee while making a contract. In the event that the monthly rent is unpaid for three months at the time of entering into the instant lease agreement, the contract is automatically terminated. As such, the Defendant, in accordance with the said agreement, is obligated to return only the remainder of KRW 1,00,00 (=20,000 - (3 million x 3 months) calculated by deducting the total amount of KRW 9,000,000 from the instant lease deposit for three months, and thus, the Plaintiff and the Defendant are obligated to return only the remainder of KRW 1,10,000 (3 million x 3 months).

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