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(영문) 수원지방법원 2015.08.12 2014가단71558
임대차보증금반환 및 약정금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is a multi-family housing unit C located in Ansan-si, the Plaintiff-Counterclaim Defendant (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 9, 2014, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to KRW 40 million, monthly rent of KRW 350,000,000, monthly rent of KRW 302,000,000, and the lease period of KRW 24 months, in Ansan-si, the Defendant owned the Defendant (hereinafter “instant lease agreement”).

B. On September 1, 2014, when the Defendant entered into a sales contract with another person with respect to the instant house during the lease period, the Plaintiff requested the Plaintiff to move to another place on October 1, 2014, but the Plaintiff continued to reside. The Defendant promised to pay KRW 5 million at the director’s expense to Nonparty D through Nonparty D, who is a neighboring real estate broker, for a director until November 16, 2014. Upon response by the Plaintiff, the Defendant deposited KRW 4 million equivalent to 10% of the said lease deposit in order for the Plaintiff to use it as the down payment of the lease contract for the housing to be newly appointed on October 17, 2014.

C. On October 20, 2014, the Plaintiff entered into a lease agreement with the intention to move into on November 30, 2014 with respect to 1502, Dong 205, Sungsung-si E apartment.

On November 16, 2014, the Plaintiff used a transportation company carrying most animals in the instant housing, and demanded the Defendant to pay the remainder of the lease deposit amount of KRW 36 million,00,000,000,000,000,000,000,000 for board and lodging expenses, as well as KRW 5,6,000,00,000,000,000. The Defendant attempted to damage the number, height, locking system, etc. of the instant housing entrance without paying the Plaintiff money to the effect that the Defendant did not promise the payment of KRW 8,00,000,00,000,000,000,000,0000,000,000,000,000,000,000,000

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