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(영문) 수원지방법원평택지원 2019.09.20 2019가단50166
보증금반환
Text

1. The Defendant’s KRW 10 million to the Plaintiff, as well as 5% per annum from December 25, 2018 to September 20, 2019.

Reasons

1. Basic facts

A. On June 24, 2015, the Plaintiff entered into a lease contract with C by setting the lease deposit amount of KRW 110 million with respect to the Suwon-si Down-gu, Suwon-si (hereinafter “instant loan”) from August 20, 2015 to October 19, 2017 (hereinafter “instant lease contract”). The Plaintiff paid the lease deposit amount of KRW 10 million on the date of the contract, the deposit amount of KRW 10 million on July 10, 2015, and the remainder on August 20, 2015, with the payment of KRW 100 million.

B. On February 22, 2017, during the instant lease term, C sold to the Defendant, and the Defendant succeeded to the lessor’s status by means of sale and purchase on the same day.

C. On October 10, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement.

On December 23, 2018, the Plaintiff completed the director’s completion of the instant loan, and on December 24, 2018, notified the Defendant of the password.

(A) The loan of this case is installed with a general mechanical lock, but the plaintiff did not correct it with the lock, so it is possible to borrow the passwords only if it is known. 【The ground for recognition ] The fact that there is no dispute, each entry of Gap 1-10 evidence (including the paper number), and the purport of the whole pleadings.

2. Determination

A. According to the fact that the obligation to return a lease deposit arises, the instant lease agreement was implicitly renewed on October 19, 2017 due to the Plaintiff and the Defendant’s failure to notify the rejection of renewal before October 19, 2017, and the Plaintiff notified the termination of the instant lease agreement on October 10, 2018 pursuant to Article 6-2(1) of the Housing Lease Protection Act, and the instant lease agreement was terminated on January 10, 2019, pursuant to Article 6-2(2) of the Housing Lease Protection Act.

Therefore, since the lease contract of this case was lawfully terminated by the plaintiff's termination, the defendant is the plaintiff.

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