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(영문) 전주지방법원군산지원 2019.10.29 2019가단51374
보증금반환
Text

1. The Defendant’s KRW 81,941,70 for the Plaintiff and 6% per annum from June 1, 2019 to October 29, 2019.

Reasons

1. The Plaintiff and the Defendant (hereinafter “Defendant”) concluded a lease contract with the term of lease from June 5, 2017 to June 15, 2018, setting lease deposit amount of KRW 89,139,840, monthly rent of KRW 329,040 (hereinafter “the lease contract in this case”). The Plaintiff did not express his/her intent to terminate the lease contract in this case to the Defendant on or around May 14, 2018, with the payment of the deposit money to the Defendant, and without the distinction before and after the change; the Plaintiff, on June 5, 2017, concluded a lease contract with the Defendant with the term of lease from June 16, 2017 to June 15, 2018 (hereinafter “the apartment in this case”); and the Plaintiff, on behalf of the Defendant, had the entire owner of the instant apartment in this case, paid the deposit money to the Defendant and the deposit money of KRW 329,040 (hereinafter “Defendant”) to the Defendant on June 28, 2018.

According to the above facts, the instant lease contract was terminated and terminated.

Therefore, the defendant is obligated to pay to the plaintiff the lease deposit amount of KRW 89,139,840, and the deposit for management expenses of KRW 280,000,000 and damages for delay, unless there are special circumstances.

2. Judgment on the defendant's assertion

A. According to the instant lease agreement, the Defendant, according to the determination on the claim on the deduction of the cost of reinstatement, may restore the part of the instant apartment to its original state or pay the cost of restoration to its original state. If the Plaintiff fails to restore to its original state, the amount may be deducted from the lease deposit. However, the passage, page, floor, and floor of the instant apartment.

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