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(영문) 대구지방법원 2017.12.06 2017가단105088

임대차보증금

Text

1. The Defendant’s KRW 39,280,00 for the Plaintiff and 5% per annum from January 25, 2017 to December 6, 2017.

Reasons

1. Facts of recognition;

A. On November 28, 2014, the Plaintiff entered into a contract with the Defendant to lease the building E301 (hereinafter “instant real estate”) KRW 40,000,000 as security deposit, period from December 5, 2014 to December 4, 2016, and occupied and used the instant real estate after paying the security deposit to the Defendant.

B. The Plaintiff returned the instant real estate to the Defendant on January 24, 2017 following the expiration of the said lease agreement.

At the time, the plaintiff was 720,000 won in total (18 months from August 2015 to January 2017).

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

2. According to the above facts, the defendant is obligated to pay 39,280,000 won in arrears from the lease deposit to the plaintiff after deducting 720,000 won in arrears from the lease deposit amount of 40,000,000 won, and damages for delay after January 25, 2017 (the day following the return of the real estate in this case by the plaintiff) as restitution following the termination of the lease contract in this case.

Therefore, the plaintiff's claim is justified within the above scope of recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.