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Reasons
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(영문) 서울남부지방법원 2017.11.21 2017가단230691
임대차보증금
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1. The Defendant’s KRW 41,300,000 for the Plaintiff and 5% per annum from August 20, 2017 to November 21, 2017, and the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 14, 2015, the Plaintiff entered into a contract with the Defendant on the lease deposit of KRW 150,000,000 (contract deposit of KRW 8,000,000 on the date of the contract, the remainder of KRW 142,00,000 on the date of the contract, and each payment on June 30, 2015), and the lease term of KRW 8,00,000 on the same day from June 30, 2015 to June 29, 2017, and paid the Defendant the lease deposit of KRW 150,000 on the same day.

At the time of the conclusion of the above contract, the defendant said that the completion inspection of the loan of this case can be conducted until June 30, 2015.

B. However, on July 3, 2015, the Plaintiff occupied the instant loan in the status of 8,000,000 won out of the lease deposit, as soon as the completion inspection was not conducted.

After that, although the completion inspection was not conducted, at the defendant's request, the plaintiff paid 42,000,000 won out of the remainder of the lease deposit to the defendant on July 6, 2015.

C. On February 3, 2016, the Plaintiff and the Defendant agreed that “The lease contract between the Plaintiff and the Defendant is terminated, as the Defendant found the new lessee, setting the lease deposit at KRW 50,000,000, and calculated the monthly rent at the rate of KRW 600,000 per month from the same day.”

C. Based on the agreement mentioned in the above paragraph, the Plaintiff paid the Defendant the monthly rent to the Defendant.

E. As the Defendant was unable to find a new lessee, the Plaintiff demanded that the Defendant terminate the lease contract between the Plaintiff and the Defendant and refund the lease deposit at any time, even if the Defendant did not find a new lessee.

F. On August 19, 2017, the Plaintiff returned the instant loan to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, witness D's testimony, purport of whole pleadings

2. Determination

A. According to the facts stated in Paragraph 1, the source of the instant loan and the Defendant’s claim.

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