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(영문) 수원지방법원 성남지원 2018.05.30 2017가단19110
전세보증금반환
Text

1. The defendant shall pay to the plaintiff KRW 150 million.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Determination as to the cause of claim

A. There is no dispute between the parties, or according to the purport of Gap evidence No. 1’s statement and the whole pleadings, the plaintiff leased the lease deposit amount of KRW 150 million from the defendant on August 3, 2015 with the lease deposit of KRW 150 million from September 17, 2015 to September 17, 2017; ② the plaintiff demanded the return of the lease deposit at the time of the expiration of the lease term with his/her intention to not renew the contract before the expiration of the lease term; ③ the defendant has not yet returned the lease deposit.

According to the above facts, the defendant is obligated to pay the plaintiff KRW 150,000,000 to the lease deposit, except in extenuating circumstances.

B. Meanwhile, the Plaintiff also sought a payment for delay from the date of delivery of the copy of the complaint of this case with respect to the above lease deposit. However, in the event of the termination of the lease, the lessee’s obligation to deliver the leased object and the lessor’s obligation to return the lease deposit concurrently performs the lease deposit. Thus, unless the lessee does not deliver the leased object, the lessor’s obligation to return

However, in the instant case, there is no evidence to acknowledge that the Plaintiff delivered the leased object of this case to the Defendant, and thus, the part of the Plaintiff’s claim for damages for delay regarding the above lease deposit cannot be accepted.

2. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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