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(영문) 부산지방법원 2019.05.09 2018가단23700

임대차보증금반환

Text

1. The Defendant’s KRW 200,000,000 as well as 5% per annum from January 17, 2019 to January 28, 2019 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of the overall purport of the pleadings as indicated in the evidence No. 1, the Plaintiff: (a) leased the instant apartment (hereinafter “instant apartment”) from the Defendant on July 21, 2016 by setting the lease deposit of KRW 200 million and the lease deposit of KRW 200 million; and (b) had been paid the lease deposit to the Defendant and resided in the instant apartment (delivery); and (c) the Defendant did not return the lease deposit to the Plaintiff despite the expiration of the lease contract, and it is recognized that the Plaintiff transferred the instant apartment (hereinafter “instant apartment”) to the Defendant around January 16, 2019, on which the return of the lease deposit was urged by the Plaintiff.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 200 million and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from January 17, 2019 to January 28, 2019, the delivery date of the application for modification of the purport of the instant claim and the cause of the instant claim, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.