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(영문) 수원지방법원 2020.07.21 2020가단10011

임대차보증금

Text

The defendant shall pay 130,00,000 won to the plaintiff and 12% per annum from May 5, 2020 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of evidence Nos. 1 through 3 as to the cause of the claim, the Plaintiff entered into a contract with the Defendant on December 19, 2017 under which the lease deposit is to be leased with respect to the Suwon-si C Multi-Family Housing D (hereinafter “instant real estate”) (hereinafter “instant lease contract”) from January 20 to January 19, 2020, and the lease deposit is to be paid to the Defendant from January 20, 2018 until January 20, 2018, and the Plaintiff received the lease deposit from the Defendant, and the Plaintiff sent the instant real estate from the Defendant on November 18, 2019 to the Defendant on the ground that the lease deposit is terminated by the expiration of the lease period, and the Plaintiff received the lease deposit from the Defendant on the ground that the lease contract was proved by mail No. 130,000,000, and the said real estate was delivered to the Defendant on May 20, 2012.

According to the above facts, the lease contract of this case was terminated on January 19, 2020.

Therefore, barring any special circumstance, the defendant is obligated to pay to the plaintiff 130,000,000 won for lease deposit and damages for delay calculated at the rate of 12% per annum from May 5, 2020 to the date following the delivery date of the original copy of the instant payment order, as requested by the plaintiff, as the next day of the delivery date of the instant real estate.

2. On the determination of the Defendant’s assertion, the Defendant concluded the instant lease agreement with the Plaintiff, namely, E, F, and G, the actual owner of the instant real estate, and received the lease deposit from the Plaintiff, and the Defendant is merely the nominal owner on the registry of the instant real estate, and entered into the instant lease agreement with the Plaintiff.