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(영문) 인천지방법원 2020.07.17 2019나64757
임대차보증금
Text

The judgment of the first instance shall be modified as follows:

The Defendant’s KRW 27,430,000 for the Plaintiff and the Plaintiff’s January 1, 2019.

Reasons

1. Basic facts

A. On November 6, 2016, the Plaintiff concluded a lease agreement with the Defendant and Kimpo-si, setting the lease deposit amount of KRW 700,00,000,000, and the lease deposit amount of KRW 90,000 from November 1, 2016 to October 31, 2018, and the monthly rent of KRW 9,00,000,000 from March 1, 2017 to October 2018.

(B) On September 6, 201, a former lessee D succeeded to the terms of a lease agreement that was concluded with the Defendant on September 6, 2011 (hereinafter “instant lease agreement”).

On March 2017, the Plaintiff requested the Defendant to terminate the instant lease agreement, as the Plaintiff introduced a new lessee to the Defendant.

The Defendant accepted the conclusion of the instant lease agreement with the lessee introduced by the Plaintiff as follows, and around June 30, 2017, the instant lease agreement was terminated upon the conclusion of the agreement, and around that time, the Plaintiff removed from the instant building.

C. On May 31, 2017, the Defendant entered into a new lease agreement (hereinafter “instant subsequent contract”) with the name of “standard contract for entrusted operation” with respect to the instant building.

The Defendant paid the Plaintiff KRW 572,570,000 (hereinafter “the instant money”) in total from May 29, 2017 to December 8, 2017.

[Reasons for Recognition] Unsatisfy, Gap's 1, 2, Eul's 3 (including branch numbers, if any) and the purport of the whole pleadings

2. Summary of the parties' arguments

A. Since the contract of this case was terminated, the defendant should return the lease deposit to the plaintiff.

However, from March 2017 to June 2017, the Plaintiff paid only KRW 12,570,000 ( KRW 10,000,000,000 for March 2017, and KRW 27,430,000 for April 2, 2017, and did not pay the remainder of KRW 27,430,00 from the Defendant.

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