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(영문) 울산지방법원 2015.06.12 2015가단4787
전세보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 35,00,000 and the interest rate of KRW 20% per annum from March 14, 2015 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the evidence Nos. 1 through 4, the Plaintiff and the Defendant enter into a lease agreement with the term of KRW 35 million for lease deposit and KRW 35 million for the lease term of KRW 24 months for the lease deposit (hereinafter “instant lease agreement”) with respect to part 301 on March 1, 201, Ulsan-gu D Ground Building No. 301 (hereinafter “instant house”) owned by the Defendant, Ulsan-gu, Seoul-gu, Seoul-do. (hereinafter “instant house”), and thereafter, paid the Defendant KRW 35 million for the lease deposit and KRW 35 million for the reason that the instant lease agreement has been terminated, and the Plaintiff may be acknowledged to leave the instant house on February 28, 2015 and deliver the instant house to the Defendant, barring any special circumstance. Therefore, the Defendant is obligated to pay the said lease deposit and damages for delay to the Plaintiff, barring any special circumstance.

2. On the other hand, the defendant asserts that the site of the instant house is owned by the defendant, but the instant house is owned by the defendant, who is the child of the defendant, and since the above C agreed to be responsible for the plaintiff's lease deposit, the defendant did not have a duty to refund the lease deposit of this case to the plaintiff.

On the other hand, there is no evidence that the above C has taken over the defendant's obligation to return the lease deposit with exemption, and there is no evidence or reason to deem that C has taken over the defendant's obligation to return the lease deposit with exemption from liability. Thus, the defendant's above assertion is without merit.

3. Therefore, the Defendant, as a lessor, is obligated to pay a lessor the lease deposit of KRW 35 million and damages for delay at the rate of 20% per annum from March 14, 2015 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff.

4. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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