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(영문) 의정부지방법원고양지원 2020.07.22 2020가단78342
보증금반환
Text

1. At the same time, the Defendant received the documents from the Plaintiff, Yangyang-gu, Yangyang-si C and D, and at the same time, KRW 120,00,00.

Reasons

1. Facts of recognition;

A. On October 30, 2017, the Plaintiff entered into a lease agreement with the Nonparty on the third floor D of the F Building No. 3 (hereinafter “instant real estate”) located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul, with respect to the lease deposit amounting to KRW 120,00,000, and the term of lease from October 30, 2017 to October 29, 2019, and paid all the lease deposit amount.

The Plaintiff and the Defendant agreed to succeed to the above lease agreement and entered into the same lease agreement (hereinafter “instant lease agreement”).

B. On September 27, 2019, the Plaintiff sent a content-certified mail demanding the return of the lease deposit with the expiration of the lease term, as the Plaintiff did not intend to renew the instant lease contract to the Defendant.

[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings

2. The instant lease agreement, which judged on the cause of the claim, was terminated upon the expiration of the period.

As requested by the Plaintiff, the Defendant is obliged to return KRW 120,000,000 at the same time with the delivery of the instant real estate.

The plaintiff's claim is reasonable and acceptable.

On June 8, 2020, June 10, 2020, the date of a judgment rendered without holding a pleading, the Defendant submitted only a formal reply to the effect that “to proceed with the proceedings by appointing an attorney-at-law” without holding a written answer, even after being served with the written complaint.

On June 24, 2020, the court applied for the change of the date to the effect that it is difficult to attend due to the trial of another court on the date of pleading, and the defendant seems to have failed to attend the trial of another court.

After July 8, 2020, the defendant applied for the change of the date to the same effect on the date of pleading designated on the same date, but the defendant was not present at the court, and it seems that the defendant did not appear at another court on the same date.

When the date of sentencing has been designated, only an application for resumption of pleadings which has no substantial contents.

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