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(영문) 대전지방법원서산지원 2019.05.01 2018가단4262
임대차보증금반환
Text

1. The defendant shall pay KRW 120,000 to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the statement No. 1, the Plaintiff’s lease on December 28, 2016 between the Defendant and the Defendant, setting the lease deposit amount of KRW 120 million among the land buildings C in Seosan-si, Seosan-si, and the lease term of KRW 120 million from December 28, 2016 to December 27, 2018.

2. According to the above facts, since the above lease contract was lawfully terminated on December 27, 2018 with the expiration date, the Defendant is obligated to pay the Plaintiff KRW 120,000,000 to the Plaintiff.

3. As to this, the Defendant asserted to the effect that there is no interest in the lawsuit of this case since he filed a petition for bankruptcy including the obligation to return the lease deposit (Seoul Daejeon District Court Decision 2018Hadan1160). However, the petition for bankruptcy itself does not affect the civil procedure, and the above assertion by the Defendant is without merit.

4. If so, the plaintiff's claim is reasonable.

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