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(영문) 부산지방법원서부지원 2017.08.25 2017가단103984

임대차보증금

Text

1. The defendant shall pay 19,726 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. The facts of recognition and the judgment thereof

A. On March 28, 2015, the Plaintiff filed a lawsuit seeking the return of the lease deposit on the ground that the Defendant did not immediately return the deposit even at the expiration of the lease term on May 28, 2017, before the expiration of the lease term, on the following grounds: (a) the Plaintiff entered into a lease agreement with the Defendant for the lease of KRW 100 million and KRW 50,000 for two years from June 6, 2015 to June 6, 2017; and (b) the Plaintiff paid KRW 90,000,000 for the remainder of the deposit on June 6, 2015.

3) After the filing of the instant lawsuit, the Defendant paid KRW 40 million to the Plaintiff on June 5, 2017, and KRW 12 million on June 7, 2017, and returned the deposit amount of KRW 100 million on June 9, 2017 by paying KRW 48 million to the Plaintiff. [In the absence of dispute over the grounds for recognition, Gap’s 1, 2, and 3, and evidence Nos. 1 and 2, and the purport of the entire pleadings, all of the arguments, and the purport of the whole pleadings.

B. The Plaintiff asserts that the Defendant filed a claim for the remainder of the lease deposit amount of KRW 48 million with the Defendant, and that the Defendant paid the remainder to the Plaintiff on June 9, 2017. As so acknowledged, the Defendant is obligated to pay the remainder to the Plaintiff on June 9, 2017 (48,000,000 x 0.05 x 0.05 x 3/365 x 3/365 (from June 7, 2017 to June 9, 2017).

2. According to the conclusion, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as without merit. It is so decided as per Disposition by setting the burden of litigation costs pursuant to Articles 98 and 99 of the Civil Procedure Act, taking into account the plaintiff's lawsuit and the circumstances surrounding the defendant'

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