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(영문) 대전지방법원 2016.03.23 2015가단40590

전세금 반환

Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from December 12, 2015 to the date of full payment.

Reasons

In full view of the following circumstances acknowledged as stated in the evidence Nos. 1 through 7, namely, at the time of concluding a lease agreement, C presented the certificate of personal seal impression and power of attorney issued by the Defendant himself to the Plaintiff; the Plaintiff wired the down payment of KRW 3.5 million out of the lease deposit to the Defendant’s account; the Plaintiff wired the remainder of KRW 36 million out of the lease deposit to a licensed real estate agent who mediated the contract; and the Licensed Real Estate Agent transferred the sum of KRW 51 million from the Defendant to the lessee who transferred the lease deposit. As such, C delegated with the authority to conclude a lease agreement by the Defendant to the Plaintiff on January 14, 2013, determined on January 18, 2013 to January 17, 2014 to conclude a lease agreement with the Plaintiff and KRW 40 million, and the lease period to the end of January 18, 2013 to the end of January 17, 2014.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 40 million and the damages for delay calculated at the rate of 15% per annum from December 12, 2015 to the date following the delivery date of a copy of the complaint of this case, which is the day of complete payment. The Plaintiff’s claim of this case is reasonable, and thus, it is so decided as per Disposition.