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(영문) 대전지방법원 2017.12.08 2017나4483

임대차보증금반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. If the purport of the entire argument is added to the evidence Nos. 1 through 5 of the judgment on the cause of the claim, the Plaintiff’s lease from the Defendant on April 29, 2014 for the lease deposit of KRW 402,00,000,000 for the lease deposit of KRW 57,000,000 from the Defendant on July 15, 2014 during the lease period, and paid all the lease deposit. The Plaintiff notified the Defendant of his/her intention to renew the lease contract on March 2016. The Plaintiff, who did not refund the lease deposit even after the lease period expires, completed the registration of the housing lease on February 17, 2017 pursuant to the order of lease on the registered property on March 3, 2017.

According to the above facts, since the lease was terminated on April 29, 2016, the term of the lease was terminated, the Defendant is obligated to pay to the Plaintiff the lease deposit amounting to KRW 57 million and the damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from March 4, 2017 to April 24, 2017, which is the day following the delivery date of a copy of the complaint in this case, and from the next day to the day of full payment, the damages for delay calculated at the rate of 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

2. Judgment on the defendant's assertion

A. The defendant asserted that the plaintiff did not deliver the above building by correcting the entrance door of the above building, and that the above lease deposit cannot be paid until the above building was delivered, and the damages for delay cannot be paid. However, if the whole purport of the pleading is added to the statement in the evidence No. 5, the plaintiff can be acknowledged as having known the defendant of the password of the entrance door of the above building through the official brokerage office because the plaintiff became a director in the above building and became a director in the above building, and the defendant's defense is without merit.

B. The defendant asserts that public charges, such as electricity, water, and gas charges not paid by the plaintiff should be deducted, but there is evidence to prove that there has been unpaid public charges by the plaintiff.