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(영문) 대구지방법원 김천지원 2018.07.19 2018가단2307

임대차보증금

Text

1. The Defendant’s KRW 97,00,000 as well as 5% per annum from April 4, 2018 to April 17, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On January 5, 2016, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit amounting to KRW 97 million, and the lease period from January 5, 2016 to February 16, 2018, with respect to the apartment complex D (hereinafter “instant apartment”).

(hereinafter “instant contract”). (b)

The Plaintiff, while residing in the instant apartment, requested the Defendant to pay the down payment on January 17, 2018, but failed to hear the response to the return from the Defendant.

C. On February 21, 2018, the Plaintiff applied for the order of lease registration to the Daegu District Court Kimcheon-si Seoul District Court, and on March 29, 2018, the registration of the instant apartment was completed.

On April 3, 2018, the Plaintiff went to directors in the apartment of this case, and did not receive a refund of the deposit for lease from the Defendant up to now.

[Identification Evidence] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. In light of the above facts, the defendant shall refund the lease deposit to the plaintiff according to the termination of the contract of this case. Since the plaintiff delivered the apartment of this case, the defendant is obligated to pay to the plaintiff the lease deposit amounting to KRW 97 million and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from April 4, 2018 to April 17, 2018, the delivery date of the original copy of the payment order of this case, and from the next day to the day of full payment, 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition by admitting it.