(영문) 수원지방법원 2015.04.30 2014나35836

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(영문) 수원지방법원 2015.04.30 2014나35836

임차보증금반환

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

(a) The following facts are recognized as either of the facts in dispute between the parties or as a whole by considering the overall purport of the pleadings in each entry in Gap evidence Nos. 1 to 4, Eul evidence Nos. 1 and 2:

1) On April 10, 2007, C, the Plaintiff’s mother, entered into a lease agreement with the Defendant and Seongbuk-gu Seoul, Seongbuk-gu, with respect to 301, with a lease deposit of KRW 50 million, from May 5, 2007 to May 4, 2009, and paid a lease deposit of KRW 50 million in total, including KRW 5 million on the date of the contract, and KRW 45 million on May 5, 2007, around May 5, 2007. (2) C agreed to change the Defendant and the lessee of the above lease to the Plaintiff. The Plaintiff filed a move-in report on the subject matter of the lease on May 10, 207, and obtained a fixed date on the lease agreement that changed the lessee to the Plaintiff on May 11, 2007.

3) On May 5, 2009, C agreed with the Defendant to increase the lease deposit amount by KRW 10 million on behalf of the Plaintiff, and paid the increased lease deposit to the Defendant at his business time, and the above lease contract with the deposit amount of KRW 60 million was implicitly renewed. 4) The Plaintiff notified the Defendant of his intention of refusal to renew the lease from May 4, 2013, which is the expiration date of the lease term.

5. On July 24, 2013, the Plaintiff completed the registration of the lease of a house with respect to the leased object, and then delivered the leased object to the Defendant, but the Defendant paid only five million won with the lease deposit to C representing the Plaintiff.

B. According to the above facts of recognition, the lease contract between the Plaintiff and the Defendant with the lease deposit of KRW 60 million has expired on May 4, 2013, and thus, the Defendant is obligated to pay the Plaintiff the amount of KRW 55 million payable out of the lease deposit and the damages for delay calculated at the rate of 20% per annum from July 4, 2014 to the date of full payment, which was served on the Defendant by the duplicate of the complaint of this case.

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