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(영문) 수원지방법원 2018.09.12 2017나79820

보증금반환

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On June 24, 201, the Plaintiff entered into a lease agreement with the Defendant, setting the deposit amount of KRW 90,000,000 and the contract period of KRW 24 months from October 15, 201, with respect to Suwon-si, Suwon-si, Suwon-si, Suwon-si, the Defendant for KRW 1st floor D (hereinafter “instant loan”).

(hereinafter “instant lease agreement.” The Plaintiff paid KRW 9,00,000 to the Defendant as the down payment on the date of the contract, KRW 71,000,000 on October 26, 201, and KRW 10,000 on October 28, 201.

B. On October 15, 2013, the Plaintiff and the Defendant increased the deposit to KRW 10,000,000,000, and the instant lease agreement was renewed again on October 15, 2015, with the deposit increased to KRW 10,00,000.

Accordingly, the Plaintiff paid 20,000,000 won to the Defendant as a deposit increase.

C. The Plaintiff and the Defendant agreed to terminate the instant lease agreement around October 2016, and accordingly, the Plaintiff delivered the instant loan to the Defendant on October 27, 2016.

On October 10, 2016, the Defendant paid KRW 105,500,000 to the Plaintiff, including KRW 10,000,000, and KRW 95,500,000 on October 28, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 2 through 5, Eul evidence 2 (including additional number), the purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the lease deposit KRW 4,500,000 (i.e., total amount of KRW 110,00,000 - KRW 105,500,000) and damages for delay calculated at each rate of 15% per annum under the Civil Act from October 28, 2016 to September 12, 2018, which is the sentencing date of the instant judgment, where it is deemed reasonable for the Plaintiff to dispute as to the existence or scope of the obligation to perform the obligation.

3. The defendant's assertion is determined on October 15, 201, which is the remainder date under the first lease agreement of this case.