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Reasons
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(영문) 대전지방법원 2017.01.17 2016가단205271
임대차보증금
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1. As to KRW 23,227,602 and KRW 20,692,512 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 23,227,602 from December 1, 2015, and KRW 2,535,090.

Reasons

1. Basic facts

A. On August 10, 2010, the Plaintiff entered into a lease contract with the Defendant and Daejeon-gu Seoul Metropolitan Government for the lease deposit of KRW 100,000,000, monthly rent of KRW 9,900,000, and the lease term of November 1, 2015 (hereinafter “instant lease contract”).

B. The Plaintiff paid KRW 100,000,000 to the Defendant around October 2010, and received delivery from the Defendant of the leased object of this case.

C. As the instant lease agreement expired on November 30, 2015, the Plaintiff delivered the instant lease object to the Defendant on the same day.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the claim for refund of deposit for lease

A. The Plaintiff paid KRW 100,00,000 to the Defendant in accordance with the instant lease agreement, and the fact that the instant lease agreement expired on November 30, 2015 that the Plaintiff delivered the object of the instant lease to the Defendant is as stated in the foregoing basic facts. Since the Plaintiff was a person to whom KRW 78,807,48 of the lease deposit was returned from the Defendant, the Plaintiff is liable to pay the Defendant the amount of KRW 21,192,512 (i.e., KRW 100,000 - KRW 78,807,488) and damages for delay.

B. Determination 1 on the defenses 1) The defendant's assertion of the parties (the plaintiff's assertion that 500,000 won was additionally returned to the defendant. Thus, considering the whole purport of the argument in the statement in No. 5, the defendant can be found to have returned 500,000 won out of the lease deposit to the plaintiff on March 22, 2016. Thus, the defendant's defenses 2) (the plaintiff's assertion that 1) is asserted by the parties (the plaintiff's assertion that 9,900,000 won was paid to the defendant on November 2, 2010, since 9,900,000 won was paid to the defendant on October 2, 2015.

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