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(영문) 서울중앙지방법원 2018.02.14 2017나20202
보증금반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

The defendant.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are to be stated, ① the reasons for the judgment of the court of first instance.

Section 1 of Article 17(Special Agreement) of the 5th Amendment to "Article 17(1) of the 5th Amendment to "Article 17(1) of the 17(2) of the 1st Amendment."

With the exception of revising the contents below the paragraph (2) as follows, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, for the same reason as the judgment of the court of first instance.

2. (1) After the termination of the instant lease agreement, the Defendant returned KRW 173,00,000,000, which was deducted from KRW 27,000,000, out of KRW 200,000,000 of the lease deposit, to the Plaintiff on December 1, 2014, there is no dispute between the parties. Therefore, barring special circumstances, the Defendant is obligated to return KRW 27,00,000 to the Plaintiff the remainder of the lease deposit of this case. (2) The Defendant asserts that the amount of KRW 11,860,000,000, which was unpaid by the Plaintiff should be deducted from the balance of the lease deposit of this case. In full view of the purport of the Plaintiff’s argument as to the instant lease agreement No. 2, the Plaintiff cannot be found to have paid the unpaid amount of KRW 10,000,000,000 from the remainder of the lease deposit of this case.

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