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(영문) 창원지방법원 통영지원 2018.05.31 2018가단20131
임대차보증금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100 million and the interest rate from March 23, 2018 to the date of full payment.

Reasons

Basic Facts

On January 21, 2016, the Plaintiff’s wife concluded a lease agreement with the Defendants on KRW 140 million with respect to KRW 301,00,000,000, and the period from February 16, 2016 to February 15, 2018 (hereinafter “instant lease agreement”), and around that time, the Defendants paid KRW 140,000,000,000 for the said lease deposit to the Defendants.

Since then, the Defendant agreed to change the lessee from D to the Plaintiff, and prepared a lease agreement with the same content as above, except where the lessee is the Plaintiff.

On March 14, 2018, the Plaintiff completed directors from the instant house to another residential area. At that time, the Plaintiff issued an order to the Defendants for the instant house by notifying the entrance password.

[Ground of recognition] In light of the above facts without any dispute, Gap evidence Nos. 1, 11, 12, and 13, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), and the whole purport of the pleading, the lease contract of this case was terminated at the expiration of the lease term, and the plaintiff also ordered the defendants to order the housing of this case. Unless there are special circumstances, the defendants are jointly and severally liable to pay to the plaintiff the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 23, 2018 to the date of full payment.

The defendants asserts that the above amount should be deducted from the lease deposit, since the plaintiff's defense occurred the restoration cost equivalent to 15,290,000 won as stated below in the list.

The amount of damage and the volume of the construction name (united KRW 1) shall be 3,700,000 full-scale 1 type 2,800,000 for the replacement of the front door damage mold and the surrounding repair, and 1 type 3,700,000 for the following reasons:

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