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(영문) 대구지방법원 서부지원 2018.05.16 2018가단50052
임대차보증금
Text

1. The defendant's delivery of real estate stated in the separate sheet from the plaintiff at the same time exceeds KRW 175,00,000 to the plaintiff.

Reasons

1. On October 27, 2015, the Plaintiff entered into a lease agreement with the Defendant with the term of lease of 2 years, security deposit of 175,00,000 won with respect to real estate stated in the separate sheet (hereinafter “instant lease agreement”). The fact that the said lease agreement expired due to the expiration of the period of validity is not disputed between the parties, or is recognized by the purport of entry in the evidence A and the entire pleadings as set forth in subparagraphs 1 through 3.

2. According to the facts of the above recognition, the defendant is obligated to return the lease deposit to the plaintiff simultaneously with the delivery of the leased object from the plaintiff, since the lease contract of this case was terminated.

Therefore, at the same time, 175,00,000 won for lease deposit and 15% interest per annum from the date following the completion date of delivery of real estate stated in the separate sheet to the date of full payment shall be paid to the Plaintiff at the time of receiving real estate stated in the separate sheet from the Plaintiff.

In regard to this, the defendant asserts that it is difficult for the plaintiff to return the lease deposit before finding the tenants who will move into the real estate indicated in the attached list because the real estate market is not good and the lease price is set, but it is difficult for the plaintiff to return the lease deposit. However, this does not interfere with the plaintiff's claim for return of the deposit. Therefore,

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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