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(영문) 수원지방법원 안산지원 2018.11.20 2018가단5799
임차보증금반환
Text

1. The Defendant’s KRW 75,00,000 and its annual rate from January 27, 2018 to May 3, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 23, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the housing indicated in the attached list owned by the Defendant and the Defendant (hereinafter “instant housing”) by setting the lease deposit of KRW 65 million and the lease term from March 23, 2012 to March 22, 2014.

At the time, the defendant's mother C entered into the above contract on behalf of the defendant, and thereafter participated in the modification of the lease agreement as follows:

B. On March 26, 2012, the Plaintiff paid the above lease deposit to the Defendant, and completed the resident registration after receiving the instant house.

C. Around March 2014, the Plaintiff increased the deposit with the Defendant to KRW 85 million, and paid the increased KRW 20 million to the Defendant.

On January 2018, the Plaintiff demanded the Defendant to refund the lease deposit by disclosing that the Plaintiff did not intend to renew the lease contract.

Accordingly, C, “The right to request the delivery of the instant house by seeking another lessee,” and the Plaintiff transferred the resident registration on January 29, 2018 after transferring the instant house to the Defendant on January 26, 2018.

E. On January 26, 2018, C prepared and executed a notarial deed of a contract for debt repayment (quasi-loan for consumption) (hereinafter “instant notarial deed”) as follows with respect to the Plaintiff’s deposit amounting to KRW 85 million. Of the instant lawsuit, C paid KRW 10 million out of the lease deposit to the Plaintiff during the instant lawsuit.

Article 1 (Purpose) The debtor C, as of January 26, 2018, approved that the creditor bears the obligation of return of the deposit money (No. 85,000,000 won) in goldcheon-do (No. 85,000 won) with the creditor as of January 26, 2018. The debtor made an offer to repay the deposit in accordance with the following provisions with the borrowed obligation, and the creditor accepted it.

Article 2 (Period and Method of Performance) The amount of the above obligation shall be 25 February 21, 2018 (1).

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