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(영문) 부산지방법원 2015.12.31 2014가합14842

전세금반환

Text

1. Defendant E shall pay 100,000,000 won to the Plaintiff and 25% per annum from June 3, 1999 to the day of full payment.

Reasons

1. Basic facts

A. On July 28, 1995, the Plaintiff, who owned by the Defendants, leased all of the building G kindergarten located in Busan, Busan, and 176 square meters (4,176 square meters) to the Defendants as the lease deposit amount of KRW 200,00,000,00, and the lease term of KRW 36 months from September 1, 1995, agreed to terminate the lease contract with the Defendants on November 30, 1996.

B. On March 2, 1998, the plaintiff filed a lawsuit against the defendants for the return of the above lease deposit (Jansan District Court 98Dahap5510) and confirmed on September 23, 1998 by Busan District Court as follows: "The defendant was paid interest and delay damages to each plaintiff on November 16, 1997 by the plaintiff on November 15, 1997. From March 9, 1998 to March 9, 198, 24% per annum and 25% per annum from the next day to the day of full payment."

(hereinafter “final judgment of this case”). C.

Meanwhile, the Plaintiff received interest or delay damages from the Defendants from November 16, 1997 to June 2, 1999.

The Defendant deceased on November 24, 2014, and his heir C and D, who are the legal profession of the deceased, are the legal profession of the above deceased, and the above C and D reported the inheritance limited approval as the Busan Family Court 2015-Ma138, and received the above inheritance limited approval report from the above court on August 5, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 (if any, including evidence; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the judgment on the cause of the claim, barring any special circumstance, Defendant E succeeds to the Plaintiff, Defendant E’s KRW 200,000,000, and damages for delay thereof, and the parties taking over the lawsuit, respectively.