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(영문) 창원지방법원 2015.02.11 2014가단11607
임대차보증금
Text

1. The defendant shall pay the plaintiff KRW 70,000,000.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On March 1, 2008, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C on the lease deposit amounting to KRW 60,000,000, monthly rent of KRW 100,000, monthly rent of KRW 100,000, and the period from March 25, 2008 to March 24, 2010 with respect to all the second floor of the D-owned Building in Seongbuk-gu, Seongbuk-gu, Changwon-si (hereinafter “instant leased object”).

B. Under the instant lease agreement, the Plaintiff paid KRW 60,000,000 to C, and occupied the leased object of this case upon delivery.

C. On April 26, 2008, the Defendant purchased the leased object of this case from C and succeeded to the lessor’s status of the instant lease agreement.

On April 3, 2012, the Plaintiff entered into a lease agreement with the Defendant to change the lease deposit amount of KRW 70,000,000, monthly rent of KRW 200,000, and the term of lease from April 4, 2012 to 24 months (hereinafter “instant renewal agreement”), and paid KRW 10,00,000,00 for increased lease deposit to the Defendant.

[Ground of recognition] Unsatisfy, Gap's statements in Gap's 1 to 3 (including each number), the purport of the whole pleadings

2. According to the above findings of the determination on the cause of the claim, the re-contract of this case was terminated on April 3, 2014.

Therefore, the lessor is obligated to pay 70,000,000 won to the Plaintiff, who is the lessee, under the re-contract of this case.

3. Judgment on the defendant's assertion

A. The defendant asserts that the contract of this case is renewed at an implied renewal after the expiration of the term, and thus the lease contract of this case is maintained under the same condition.

Therefore, the plaintiff's claim for the refund of lease deposit is groundless.

B. However, as the defendant's assertion, the renewal of the instant contract was impliedly renewed.

The parties may notify at any time the termination of the contract in accordance with Article 635 of the Civil Code.

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