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(영문) 의정부지방법원 2014.02.25 2013가단25309
임대차보증금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 1,652,260 to the Defendant (Counterclaim Plaintiff) and against this, from April 27, 2013 to February 25, 2014.

Reasons

1. Facts of recognition;

A. On June 24, 2009, the Plaintiff leased the lease deposit amount of KRW 140 million, and the lease term of KRW 140 million from the Defendant for the period from July 10, 2009 to 24 months.

B. On March 2012, the Defendant received KRW 1 million as a provisional contract deposit from E, a licensed real estate agent of D real estate, and transferred the same to the Plaintiff.

However, while the new lessee terminated the above contract, he renounced the above one million won.

C. On November 19, 2012, the Plaintiff lent KRW 10 million to the Defendant. D.

On November 28, 2012, the Plaintiff leased B106 of the above multi-household house from the Defendant to KRW 2 million as lease deposit, and KRW 300,000 per month rent.

E. On January 8, 2013, the Defendant deposited KRW 10 million into the Plaintiff’s account in the name of the Plaintiff for the repayment of the said loan and repaid it to the Plaintiff.

However, the Plaintiff asserted that the Defendant did not receive the lease deposit of KRW 140 million against the 301 and 4th floor 1 column for multi-household houses, and KRW 2 million for the above multi-household 301, and that the lease deposit of KRW 301 for the above multi-household house was not refunded from the Defendant. The Plaintiff filed an application for provisional attachment against the Defendant for multi-household houses with the District Court 2013Kadan5023 as the preserved right, and the said court rendered a provisional attachment order to the effect that all of the Plaintiff’s applications for provisional attachment on January 17, 2013.

F. The Plaintiff, from the Defendant, filed the instant lawsuit on March 8, 2013, on the following grounds: (a) the lease deposit for KRW 140 million with respect to multi-household housing 301 and 1 column for 40 million; (b) the loan amount of KRW 10 million; and (c) the lease deposit for the above multi-household housing B106; and (d) the Plaintiff filed the instant lawsuit on March 8, 2013.

G. Meanwhile, on March 13, 2013, the Defendant: (a) on the Plaintiff’s account at the National Bank; (b) KRW 20 million as the refund of the lease deposit with respect to multi-household 301 and 4-story 1 column; and (c) on the said subparagraph B106.

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