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(영문) 수원지방법원 2015.11.25 2015가단123814
임대차보증금
Text

1. The Defendant’s KRW 3,600,000 as well as 5% per annum from March 27, 2015 to November 25, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 26, 2006, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on a two-year basis, setting the lease deposit amount of KRW 6 million, monthly rent, KRW 300,000,000 (the last day of each month, KRW 3.60,000,000,000,000,000), and the lease period of KRW 2 years (hereinafter “instant lease agreement”).

B. After that, the instant lease agreement has been renewed, and the Plaintiff and the Defendant re-established the lease agreement with 3.6 million won, monthly rent as of June 30, 2014, and 24 months from June 30, 2014.

C. However, while the Defendant’s children arranged the Defendant’s bank account on or around December 2014, the Defendant did not deposit KRW 8.4 million out of the monthly rent from October 2006 to December 31, 201. From January 201 to December 31, 201, five months out of the monthly rent from January 201 to December 201, 204, the Defendant served the Plaintiff with a copy of the claim against the Plaintiff on January 13, 2015, on the following grounds: (a) KRW 2.4 million out of the monthly rent from January 201 to December 2014; (b) KRW 2.5 million (including the Plaintiff’s deposit of less than KRW 3.60,00 in the monthly rent; and (c) on January 13, 2015, the Defendant served the Plaintiff with a copy of the claim against the Plaintiff on January 2, 2015, the Plaintiff’s delayed payment of the instant rent.

After the Plaintiff paid all the rent from January to June of 2015 and the management expenses for July of 2015, the Plaintiff delivered the instant leased house to the Defendant around July 27, 2015.

[Ground of recognition] Facts without dispute, Gap 1, 3, Eul 1-1, and 1-2; the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the instant lease agreement is concluded by the Defendant’s declaration of termination.

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