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(영문) 대전지방법원 2017.05.30 2016가단26140
임대차보증금
Text

1. The Defendant (Counterclaim Plaintiff) indicated the attached Form 1 among the second floor of the building listed in the attached list from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On November 8, 2013, the Plaintiff entered into a lease agreement with the Defendant with respect to the instant building with the terms of KRW 25 million, KRW 380,000 per month, KRW 380,000 per month (prepaid payment on December 6, 2013), and the term of lease from December 6, 2013 to December 6, 2014, and paid KRW 25 million as lease deposit, and received delivery of the instant building.

B. On March 12, 2014, the Plaintiff entered into a lease agreement with the Defendant to change the lease deposit amount of KRW 20 million, KRW 430,000 per month (payment in advance on March 15, 2014), the lease term from March 15, 2014 to March 15, 2016 (the first change agreement), and on June 15, 2015, the Plaintiff entered into a lease agreement to change the lease deposit of KRW 17 million, KRW 460,00 per month (payment in advance on June 15, 2015), the lease term from June 15, 2015 to June 15, 2016.

(2) The second modified contract. (c)

On February 22, 2016, before the expiration of the lease term, the Plaintiff stated to the Defendant that “a director must go to the workplace by March 10, 2016,” and that “a refund of the lease deposit up to that point,” and the Defendant requested a licensed real estate agent to lease the instant building on the ground that “a new lessee would receive the deposit as upon the new lessee’s subscription.”

On the other hand, on February 24, 2016, the Plaintiff concluded a lease agreement with C on March 10, 2016, stipulating that the Plaintiff shall lease the Daejeon Jung-gu D 103, Daejeon-gu, and that the remainder payment and delivery date will be March 10, 2016.

On March 10, 2016, the Plaintiff settled the management expenses and paid them to the management office. Since the password of the entrance locker of the instant building was not returned to the management office’s employees, the Plaintiff was forced to leave the building of this case after notifying the Defendant of the deposit money.

On March 10, 2016, the head of the management office of the above building notified the defendant of the fact of expulsion.

E. The Plaintiff did not refund the deposit to the Defendant.

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