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(영문) 대전지방법원 2019.04.17 2018나11280

임차보증금반환

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1. In accordance with the expansion of the purport of the claim by this court, the Defendant-Counterclaim Plaintiff (Counterclaim Defendant) was 18,367 won and the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

In the first instance court, the Plaintiff filed a claim for the delayed payment of the lease deposit at the rate of 15% per annum from July 27, 2017 to March 27, 2018, for the late payment delay damages calculated at the rate of 15% per annum from July 27, 2017 to March 27, 2018, for the replacement expenses of the current lock locking system, 140,000 won per annum from the first instance court to the date of full payment. The first instance court rejected the remainder of the claim for the late payment delay damages calculated at the rate of 5% per annum from part of the claim for the late payment damages for the lease deposit, the long-term repair appropriations and the amount of the late payment damages calculated at the rate of 5% per annum from July 27, 2017 to the date of full payment, and from the first instance court to the date of full payment.

Meanwhile, from the first instance court to August 18, 2017, the Defendant claimed reimbursement of expenses for restitution, legal interest on lease deposit, management expenses incurred from August 1, 2017 to management expenses incurred from August 18, 2017, KRW 65,910, KRW 5 million, and damages for delay calculated at the rate of 15% per annum from the first instance court to the date of full payment. The first instance court accepted only the claim for management expenses.

In this regard, only the plaintiff appealed against the judgment on the main lawsuit and counterclaim, and in the trial, the part of the claim for consolation money of 2 million won and the claim for delay damages in the percentage exceeding 5% per annum from July 27, 2017 to March 27, 2018 and the claim for delay damages in the long-term repair appropriations shall be reduced, and 5% per annum from March 28, 2018 to August 8, 2018 were added to the claim for delay damages in confirmation and the claim for delay damages.

Therefore, the subject of this court's judgment is limited to the parts other than the claim of consolation money, to the parts added as above, and to the claim of management expenses among counterclaims.