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(영문) 의정부지방법원 2015.01.16 2014가단26767

전세금 반환

Text

1. The defendant shall pay 23,00,000 won to the plaintiff and 20% per annum from August 5, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On June 7, 2007, the Plaintiff leased the lease deposit of KRW 34 million and the lease deposit of KRW 34 million from the Defendant during the period from July 10, 2007 to July 10, 2009, and paid KRW 34 million to the Defendant.

B. Afterwards, the auction procedure on the instant building was conducted while the above lease agreement was explicitly renewed and maintained, and the instant building was sold to a third party, the Plaintiff delivered the instant building to the successful bidder around July 2012.

C. Meanwhile, the Plaintiff received KRW 11 million out of the above lease deposit 34 million from the Defendant, and did not receive at all the above lease deposit at the above auction procedure.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts of the above recognition, the above lease contract was terminated.

Therefore, the defendant is obligated to pay to the plaintiff the amount of 23 million won in the balance of the lease deposit and the damages for delay calculated at the rate of 20% per annum from August 5, 2014 to the date of full payment, which is clear that it is the day following the delivery of a copy of the complaint of this case, as requested by the plaintiff.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.