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(영문) 대구지방법원 2019.08.14 2018가단127535
임대차보증금
Text

1. The Defendants amounting to KRW 13,33,33 for each Plaintiff and KRW 5% per annum from July 1, 2018 to August 30, 2018.

Reasons

1. Basic facts

A. On June 14, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff setting the lease deposit amount of KRW 40,000,000,000 and the lease term of KRW 84.48 square meters for two-story G located in Daegu-gu, Daegu-gu (hereinafter “instant housing”) owned by E from E for a period from July 1, 2016 to 24 months (hereinafter “instant lease agreement”).

B. According to the terms and conditions of the instant lease agreement, the Plaintiff remitted the lease deposit amount of KRW 40 million ( KRW 5 million paid on June 14, 2016, KRW 35 million) to the Daegu Bank Account in the name of E, and from July 1, 2016, the Plaintiff occupied and used the instant housing from around July 1, 2016.

C. On April 5, 2018, the Plaintiff notified F of the purport not to renew the instant lease agreement, and F promised to refund the Plaintiff KRW 40 million upon the termination of the contract term of the instant lease agreement.

On June 2018, the Plaintiff delivered the instant house to Defendant D, who is F and his husband, and E.

E. Meanwhile, E died on December 18, 2016, and the Defendants, who were children of the network E, acquired 1/3 shares of each of the instant housing due to inheritance on December 18, 2016.

[Ground of recognition] Facts without dispute, each entry in Gap evidence 1 through 6 (including all the serial numbers), witness H and F testimony, the purport of the whole pleadings

2. According to the facts on the basis of the judgment as to the cause of the claim, the Defendants are obligated to pay to the Plaintiff money of KRW 13,333,33 each (i.e., KRW 40 million x 1/3) and the said money at the rate of 5% per annum prescribed by the Civil Act from July 1, 2018 to August 30, 2018, which is the delivery date of the complaint of this case; 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to May 31, 2019; and 12% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

Defendant C had no legitimate power of representation regarding the conclusion of the instant lease agreement to F.

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