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(영문) 대전지방법원 2020.06.10 2019가합603
전세보증금
Text

1. The defendant shall pay KRW 290,958 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of lawsuit;

Reasons

1. Basic facts

A. On June 17, 2017, the Plaintiff leased the Seo-gu Daejeon Apartment D (hereinafter “instant apartment”) from the Defendant with the lease deposit of KRW 295,00,000, and the lease deposit of KRW 295,000 from June 30, 2017 to February 11, 2019 (hereinafter “instant lease agreement”), and paid the said lease deposit to the Defendant.

B. From the end of December 2018, the Plaintiff expressed his/her intent not to renew the instant lease agreement to the Defendant, but the Plaintiff continued to occupy the instant apartment even after the expiration of the lease term, on the grounds that agreement was not reached between the Plaintiff and the Defendant on the delivery of the instant apartment and the refund of the deposit for lease.

C. On June 12, 2019, the Plaintiff transferred the instant apartment to the custodian director’s warehouse. On June 14, 2019, the Plaintiff issued the instant apartment key at the Defendant’s real estate agent’s office.

On June 17, 2019, the Defendant deposited KRW 296,157,380 in total with the principal of the lease deposit and the long-term repair appropriations under the Daejeon District Court Decision 4090 Decided 2019 with the Plaintiff as the principal of the deposit, and around that time, the Plaintiff received the said deposit.

[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On June 12, 2019, after the expiration of the lease term stipulated in the instant lease agreement, the Plaintiff’s gist of the Plaintiff’s assertion was ordered to order the Defendant to refund the lease deposit to the Plaintiff.

The Plaintiff suffered respectively damages equivalent to KRW 1,200,00 for director's expenses, KRW 7,000 for moving-in storage expenses, KRW 7,000 for each day, and KRW 484,932 for delay damages of KRW 295,00 for lease deposit from June 12, 2019 to June 17, 2019, which is the date of deposit of the Defendant's lease deposit, etc., due to the Defendant's default of obligation as above (i.e., KRW 295,00,000 x 0.12 x 0.12 x 5/365 x 5/365). Accordingly, the Defendant suffered respectively damages from the Plaintiff (= KRW 1,684,932).

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