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(영문) 서울남부지방법원 2016.03.15 2015가단234729
임대차보증금
Text

1. The Defendant’s KRW 115,00,000 for the Plaintiff and the same year as from August 21, 2015 for the Plaintiff.

9.11.Cat 5% per annum; and

Reasons

1. On June 25, 2013, the Plaintiff leased the lease deposit of KRW 125,00,000,000, and the lease deposit of KRW 127,000 from June 30, 2013 to the Defendant on June 29, 2015. The Plaintiff paid the entire lease deposit at that time; the Plaintiff returned the leased object to the Defendant on August 20, 2015; the Plaintiff received the refund of KRW 10,000,000 from the above lease deposit to the Defendant on May 19, 2015, there is no dispute between the parties.

Thus, the defendant's 115,000,000 won which was not returned to the plaintiff and the following year from August 21, 2015, which was the day following the date of return of the leased object.

9. There is a duty to pay 5% per annum under the Civil Act until November (the day on which the payment order in this case was served to the defendant) and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. On April 15, 2015, the Defendant concluded a new lease agreement with D and returned KRW 10,000,000 out of the lease deposit to the Plaintiff for the convenience of the Plaintiff, even though the Defendant concluded a new lease agreement with D and returned KRW 10,00,000 among the lease deposit to be returned to the Plaintiff for the convenience of the Plaintiff, by setting the lease deposit as KRW 150,000.

7.2. On April 15, 2015, the Defendant’s wife asserted that the Plaintiff’s claim is unjust since the lease contract between the Plaintiff and the Defendant entered into on April 15, 2015 is still in existence, as it was leased by borrowing the Defendant’s wife as the obligor with a provisional attachment on the leased object.

However, even based on the facts alleged by the Defendant, a new lease agreement between the Defendant and D is without fault of the Plaintiff.

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