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(영문) 대전지방법원서산지원 2020.09.23 2020가단52172
보증금반환
Text

The plaintiff's claim is dismissed.

Costs of lawsuit shall be borne by the defendant.

Reasons

Comprehensively taking account of the overall purport of the pleadings as indicated in the evidence Nos. 1 through 6, the Plaintiff entered into a contract for leasing (hereinafter “the lease of this case”) with the Defendant on February 27, 2018, with the lease deposit of KRW 55 million (hereinafter “instant house”) from February 27, 2018 to February 26, 2020. The Plaintiff, upon the expiration of the lease term, delivered the instant house of KRW 10 million from the Defendant on February 26, 2020 to the Defendant on March 31, 2020 without paying management fees of KRW 1328,000,000,000 to the Defendant on March 41, 200, the Plaintiff may request the Defendant to return the lease deposit of KRW 55,500,000,000 to the Defendant on February 27, 201 to the extent that the Plaintiff filed a lawsuit against the Defendant on March 26, 2020.

According to the above facts, on May 4, 2020, the Plaintiff paid the remainder lease deposit amount of KRW 4368,000 and its delay damages from the Defendant. Thus, the Plaintiff’s assertion is without merit.

Therefore, the plaintiff's claim is dismissed due to the lack of reasonable grounds, and the costs of lawsuit are assessed against the defendant in consideration of the cause of the lawsuit and the time of repayment.

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