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(영문) 서울남부지방법원 2019.04.05 2018가단16670
임대차보증금반환
Text

1. The Defendant’s KRW 100,000,000 as well as annual 5% from August 4, 2018 to September 30, 2018 to the Plaintiff.

Reasons

1. According to the purport of Gap evidence Nos. 1 through 3 (including branch numbers) and the whole pleadings as to the cause of the claim, the plaintiff leased the Gangseo-gu Seoul, Gangseo-gu, Seoul, the lease deposit of KRW 100 million, KRW 230,000, and KRW 231,000,000 from July 21, 2016 to July 21, 2018. The plaintiff asked the defendant for the termination of the lease contract on February 2018, but it is not possible to refund the lease deposit until the new tenant enters the new tenant. The plaintiff sent the defendant with a proof that the plaintiff sent the above building to the defendant on July 16, 2018, which was calculated on August 3, 2018 by the expiration date of the lease contract, and the plaintiff's delivery of the lease deposit to the defendant on August 3, 2018 by the expiration date of each of the lease contract as stated in the above-mentioned Special Cases Concerning the 2015 billion won and late 18.

2. On October 31, 2018, the defendant's assertion that he/she received an individual rehabilitation application from the Seoul Rehabilitation Court 2018da1078199 on October 31, 2018, and that he/she would immediately return the lease deposit upon seeking a new tenant. However, the above circumstance alone alone does not allow the plaintiff's claim, and the defendant's assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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