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(영문) 대구지방법원 김천지원 2018.05.15 2017가단35454

보증금반환

Text

1. The Defendant’s KRW 100,168,660 for the Plaintiff and 5% per annum from March 20, 2018 to March 29, 2018.

Reasons

1. Basic facts

A. On September 15, 2015, the Plaintiff leased the Gu-U.S. C apartment, 205 Dong 1503 (hereinafter “instant apartment”) from B with the lease deposit of KRW 100,00,000, and the lease deposit of KRW 20,000 from October 2, 2015 to October 2, 2017, and paid the said lease deposit to B.

B. The Defendant purchased the instant apartment from B and completed the registration of ownership transfer on October 8, 2015.

C. On March 19, 2018, the Plaintiff notified the Defendant that he did not wish to renew the lease contract before the said lease term expires, and delivered the instant apartment to the Defendant.

From October 12, 2015 to March 9, 2018, the Plaintiff paid KRW 168,660 in total with the long-term repair appropriations of the instant apartment on behalf of the Defendant, the owner.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the facts of the above recognition, since the above lease contract has expired, the defendant who succeeded to the lessor status under the above lease contract is obligated to return the above lease deposit amount of KRW 100,000,000 and the long-term repair appropriations paid by the plaintiff on behalf of the defendant to the plaintiff 168,660.

Therefore, the defendant is obligated to pay to the plaintiff 168,60 won totaling 100,00,000 won for lease deposit and the amount equivalent to the long-term repair appropriations and 168,660 won for the totaling 100,168,660 won and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from March 20, 2018 to March 29, 2018, which is the delivery date of a copy of the application for modification of the purport of the claim and the cause of the claim as of March 20, 2018, which is the delivery date of the copy of the application for modification of the claim as of March 20, 2018.

The Plaintiff filed a claim for damages for delay with 15% per annum from March 20, 2018 under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. However, the Plaintiff filed a claim for damages for delay from the next day of the delivery of a copy of the complaint in the original complaint, but is the apartment of this case in the application for modification of the purport of the claim made on December 12,