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(영문) 서울서부지방법원 2015.10.29 2015가단17787
임대차보증금반환
Text

1. The defendant shall pay 38,00,000 won to the plaintiff and 20% per annum from May 13, 2015 to the day of full payment.

Reasons

1. Determination

A. If Gap evidence Nos. 1 and 2 showed the purport of the entire pleadings as to the cause of the claim, the plaintiff entered into a lease contract with the defendant on November 15, 2013, setting the lease deposit amount of KRW 38,00,000, and the term of lease from November 20, 2013 to November 20, 2015 (hereinafter “instant lease contract”). The plaintiff paid the defendant the remainder of KRW 15,000,000 on the date of the contract, and the remainder of KRW 23,00,000 on November 20, 2013. However, the defendant can not be recognized that the plaintiff could not return the real estate of this case to the third party on November 20, 2015, which is the lease contract of this case.

B. The defendant's assertion is acknowledged to have signed the lease contract (Evidence No. 1) and the receipt for receiving the balance (Evidence No. 2) on the real estate of this case, but the defendant's wife D requested the above written signature and did not have any obligation to refund the lease deposit since it did not enter into a lease contract with the plaintiff. However, as long as the authenticity of the lease contract and the receipt, which is the disposal document, is recognized, the lease contract of this case is presumed to have been concluded, and there is no counter-proof against this, the defendant's assertion is without merit.

C. Accordingly, the Defendant is obligated to pay the Plaintiff the amount of KRW 38,00,000 as lease deposit and 20% interest per annum from May 13, 2015 to the date of full payment, following the day following the day when the instant complaint was received.

2. citing the Plaintiff’s claim.

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