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(영문) 대구지방법원 포항지원 2017.02.14 2016가단8549
전세보증금 반환
Text

1. The Defendant shall pay to the Plaintiff KRW 27,50,000 and the interest rate of KRW 15% per annum from August 20, 2016 to the day of complete payment.

Reasons

Comprehensively taking account of the overall purport of the statements and arguments as indicated in Gap evidence Nos. 1, 2, 6, and 7, the Plaintiff: (a) leased the lease deposit of KRW 30,000,000, rent of KRW 450,000; and (b) from September 30, 2011 to July 30, 201; (c) around that time, the lease deposit was paid to the Defendant; (d) on October 29, 2013, the Defendant prepared and delivered to the Plaintiff a written statement that “the repayment of KRW 30,00,000,000 shall be made until January 31, 2014; and (d) the Plaintiff and C concluded a mortgage contract with the Defendant regarding KRW 264,00,00 from among the buildings listed in the separate sheet; and (e) the Plaintiff concluded the mortgage contract with each of the aforementioned maximum debt amounts as KRW 750,00,000; and (e) the Plaintiff concluded the said contract with each of the maximum debt amount.

Therefore, the lease contract of this case has expired, and the defendant is obligated to pay to the plaintiff the remaining lease deposit 27,500,000 won (=30,000,000 won - 2,500,000 won) and damages for delay calculated by the rate of 15% per annum from August 20, 2016, which is the day following the delivery date of the original copy of the payment order of this case, as requested by the plaintiff. Thus, the plaintiff's claim of this case of this case is justified.

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