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(영문) 인천지방법원 2018.03.29 2017나10930
임대차보증금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Article 1 [Deposit and Time for Payment] Deposit 5,00,000 won 5,000,000 won down payment at the time of the contract and the balance 4,500,000 won paid at the time of the contract and paid at the time of February 28, 2016 shall be paid at KRW 300,000 per month on the 28th day of each month.

Management expenses shall be paid 50,000 won on the 28th of each month.

Article 2 [Duration] The lessor (Defendant) shall deliver by February 28, 2016, and the term of lease shall expire on February 27, 2017.

(12) Article 5 (Termination of Contract). (1) In the event that a lease contract is terminated, the lessee shall restore the real estate to its original state and return it to the lessor.

(2) In cases falling under paragraph (1), a lessor shall refund a security deposit to a lessee and, if any, refund the balance thereof, excluding those in arrears or the amount of compensation for losses.

On February 20, 2016, the Plaintiff (Signature) who leased the lessor’s Defendant (Signature)

A. On February 20, 2016, the Plaintiff entered into a lease agreement with the Defendant on the lease of 102 square meters (hereinafter “the instant building”) from the Defendant, Nowon-gu, Seoul, for the following monthly rent contract (hereinafter “the instant lease”).

B. The Plaintiff did not pay KRW 350,000,000 in total for rent and management expenses for February 2017 (i.e., KRW 300,000 for rent for February 2, 2017) (in the absence of any dispute), and on February 28, 2017, the Defendant paid only KRW 3,650,000 to the Plaintiff out of KRW 4,650,000 for lease deposit after deducting the above KRW 350,00 from KRW 5,00 for lease deposit.

(5) [Reasons for Recognition] Facts without dispute, entry A1 and 5, purport of the whole pleadings.

2. According to the fact that the obligation to return the lease deposit was established upon the expiration of February 27, 2017, the instant lease contract was terminated upon the expiration of the period of February 27, 2017, and barring special circumstances, the Defendant is obligated to pay the Plaintiff the balance of the lease deposit (i.e., the aforementioned KRW 4,650,000 - the above KRW 3,650,000) and the delay damages thereon.

3...

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