(영문) 수원지방법원 2019.04.23 2018가단30159

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(영문) 수원지방법원 2019.04.23 2018가단30159

임대차보증금

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1. The Defendant shall pay to the Plaintiff KRW 100,689,270 as well as 15% per annum from October 26, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On May 31, 2012, the Plaintiff leased the instant apartment building D (hereinafter “instant apartment”) from the Defendant during the period from June 23, 2012 to June 23, 2014, setting the deposit amount of KRW 100 million, and the lease period from June 23, 2012 to June 23, 2014, and continued to reside in the instant apartment from June 23, 2012.

B. Around December 2017, the Plaintiff notified the Defendant that he would not renew the contract upon the expiration of the contract term on June 23, 2018.

C. On October 17, 2018, the Plaintiff delivered the instant apartment to the Defendant.

The Plaintiff paid KRW 689,270 of the instant apartment from June 18, 2012 to October 17, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff a deposit of KRW 100 million and the long-term repair appropriations totaling KRW 100,689,270,00 and damages for delay calculated by the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from October 26, 2018 to the date of full payment, which is the day following the delivery date of the original copy of the payment order sought by the Plaintiff, as the Plaintiff’s apartment after the delivery date of the instant apartment.

In regard to this, the defendant defense that the amount should be deducted because the plaintiff paid 5,480,000 won to the plaintiff due to the plaintiff's failure to restore part of the house and restore the original state to the original state. However, there is no evidence to acknowledge the defendant's defense (the defendant's defense does not seem to be a string of repair to the apartment of this case, according to the video of No. 4-1 to No. 9 of the evidence No. 4).

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

참조조문

-소송촉진 등에 관한 특례법

유사 판례

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