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(영문) 제주지방법원 2018.07.18 2017나13052
전세보증금반환 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The court's explanation concerning this case is based on the reasoning of the judgment of the court of first instance No. 2-A.

Inasmuch as the reasoning of the judgment of the court of first instance is the same as that stated in the judgment of the court of first instance, the part of the claim is cited as is by applying the main sentence of Article 420 of the Civil Procedure Act. According to the above fact-finding on the cause of the claim, the Defendant violated the duty under the lease agreement of this case, which stipulates that it is prohibited from entering into a separate agreement with the occupant on the housing of this case. As such, upon the Plaintiff’s exercise of the right to rescind the agreement, the lease agreement of this case was lawfully rescinded. Therefore, it is reasonable to view that the Defendant, as a duty to restore the duty to the duty to the Plaintiff, seeking the Plaintiff to pay the lease deposit amount of KRW 60,000 and the Plaintiff’s claim for the said deposit from December 17, 2015 to January 2, 2017, that the delivery date of a copy of the complaint of this case is 5% per annum under the Civil Act, and that from the next day to the date of full payment, it is reasonable to view that the Plaintiff’s claim for damages including the above statutory damages.

b)be liable to pay any damages for delay.

2. In conclusion, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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