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(영문) 대구지방법원김천지원 2019.11.07 2019가단33612
임대차보증금
Text

1. The Defendant’s KRW 80,000,000 as well as the annual rate of KRW 15% from March 14, 2019 to May 31, 2019, and the following.

Reasons

Comprehensively taking account of the overall purport of the pleadings as indicated in the evidence Nos. 1 through 3, the Plaintiff entered into a lease agreement with “D” on May 14, 2014, with respect to the lease deposit amount of KRW 80,000,000, and the term of lease from June 2, 2014 to June 1, 2016, and paid KRW 80,000,000 to the above D around that time, and the ownership transfer registration for the above apartment was completed in the G future on March 9, 2016 and the ownership transfer registration was completed on June 8, 2016, and the fact that the Plaintiff delivered the above apartment to the Defendant before the filing date of the application for the payment order in this case.

According to the above facts, since the defendant who succeeded to the status of the lessor of the above lease agreement in succession is obligated to refund the lease deposit under the above lease agreement to the plaintiff as the lessee, the defendant is obligated to pay to the plaintiff 80,000,000 won as well as damages for delay calculated at the rate of 15% per annum from March 14, 2019 to May 31, 2019 under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., which is obviously following the delivery date of the original copy of the payment order of this case to the plaintiff after the above apartment delivery date.

Therefore, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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