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(영문) 의정부지방법원 2015.05.27 2014가합10554

임대보증금

Text

1. The defendant shall be jointly and severally with C to the date of full payment of KRW 160,00,000 and the interest thereon to the plaintiff from April 10, 2015.

Reasons

1. Indication of claim;

A. On April 23, 2011, the Plaintiff entered into a lease agreement with the Defendant and the Defendant’s husband, setting the deposit amount of KRW 160,00,000, and the term of the lease from May 13, 2011 to May 12, 2013 (hereinafter “instant lease agreement”). The Plaintiff paid KRW 160,000,00 to the Defendants the deposit amount of KRW 160,00.

At the time of the conclusion of the instant lease agreement, the Defendant and C jointly and severally prepared a letter to the Defendant that they bear the obligation to return the lease deposit amount of KRW 160 million.

B. On May 21, 2013, the Plaintiff sent to the Defendant and C a certificate of content that the instant lease agreement has expired, and around that time, the said certificate reaches the Defendant.

C. Meanwhile, upon the application of the mortgagee’s voluntary auction on the instant apartment, the decision of voluntary auction was rendered on June 2, 2014, and E acquired the ownership of the instant apartment on March 6, 2015 upon the successful bid in the voluntary auction procedure.

The plaintiff did not receive any distribution at all during the above voluntary auction procedure, and is currently demanded for delivery by E.

E. Therefore, the Defendant is jointly and severally liable with C to pay the Plaintiff the amount of KRW 160 million as the lease deposit of this case and the damages for delay calculated at the rate of 20% per annum from April 10, 2015 to the date of full payment, which is clearly indicated as the day following the delivery date of the instant payment order, as sought by the Plaintiff.

2. Article 208 (3) 3 of the Civil Procedure Act applicable provisions of Acts.