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(영문) 수원지방법원 2019.07.10 2018나72789

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.


1. Basic facts

A. A. On May 2009, the Plaintiff leased from the Defendant the Suwon-si C Apartment D (hereinafter “instant heading”) at KRW 120 million by setting the deposit amount of KRW 120 million.

Since then, the above lease contract has been renewed several times, but it has been changed to increase the deposit amount to KRW 230 million without rent.

B. The above lease agreement was terminated on July 10, 2017.

On the same day, the plaintiff delivered the family room of this case to the defendant, and the defendant returned to the plaintiff the remaining KRW 228.5 million after deducting KRW 1.5 million from the plaintiff's share of the above deposit amount of KRW 230,000,000,000,000.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant stated the Plaintiff as follows: “The interest calculated at the rate of 5% per annum from July 11, 2017 to the delivery date of the original copy of the instant payment order” from July 11, 2017, the date following the delivery of the instant heading room to the Plaintiff upon the termination of the instant lease agreement, barring any special circumstance.

On July 10, 2017, the Plaintiff transferred the instant family room to the Defendant on July 10, 2017, thereby leading to the delay of performance to the obligation to return the deposit to the Defendant, and the Plaintiff’s claim for the payment of delay damages from July 11, 2017, which is the next day.

such payment. The payment shall be made.

3. Determination as to the defense of mutual aid, etc.

A. The Defendant’s assertion damaged the remote area and floor floor board of the instant heading room.

On July 2017, the Defendant and the Plaintiff agreed to deduct 1.5 million won of the repair cost of remote areas and floor board from the lease deposit that the Defendant return to the Plaintiff.

Even if the above agreement is not recognized, the defendant disbursed a total of 4 million won to repair the remote area and floor board.