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(영문) 서울중앙지방법원 2016.02.03 2015가합562227
임대차보증금
Text

1. Of the instant lawsuit, the part concerning the claim for the expenses of demand procedure shall be dismissed.

2. The defendants jointly do so to the plaintiff 650,000.

Reasons

1. The plaintiff's determination as to the legitimacy of the part concerning the claim for the payment of the cost of demand procedure among the lawsuit in this case is seeking payment of KRW 281,700,00, which the plaintiff filed against the defendants in the payment order procedure (Seoul Central District Court Decision 2015Da184534). As to the legitimacy of the above part of the claim, the cost of demand procedure is examined ex officio, and the cost of demand procedure constitutes a kind of litigation cost. The amount paid in the lawsuit can be repaid through the procedure for confirmation of the cost of lawsuit after the judgment became final and conclusive, and there is no benefit to file a lawsuit separately (see, e.g., Supreme Court Decision 9Da68577, May 12, 2000). The plaintiff's lawsuit on the claim for

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

A. The Plaintiff and the Defendants entered into a lease agreement with the Plaintiff and the Defendants on May 24, 2013. On May 24, 2013, the Plaintiff and the Defendants concluded a lease agreement with the Defendants setting the lease deposit of KRW 600 million and the lease deposit of KRW 1302 (hereinafter “the lease object of this case”) from June 4, 2013 to June 3, 2015 (hereinafter “the first lease agreement of this case”). The Plaintiff paid the Defendants the lease deposit of KRW 600 million, and thereafter the Plaintiff moved into the leased object of this case.

B. On February 10, 2015, when the term of the first lease was in existence, the Plaintiff and the Defendants agreed to increase the lease deposit to KRW 150 million,00,000,000 and extend the term of the lease to June 3, 2017. The Plaintiff paid KRW 50,000,000 out of the increased deposit to the Defendants on February 10, 2015, and pays the remainder of KRW 100,000 on the expiration date of the first lease. The Defendants agreed to pay KRW 100,000,000 out of KRW 350,000,000,000, out of the secured debt of the right to collateral on the object of the instant lease.

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