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(영문) 의정부지방법원 2019.10.24 2019가단10279
보증금반환
Text

1. The Defendant: (a) KRW 31,00,000 and the Plaintiff’s annual rate of KRW 5% from December 20, 2018 to July 2, 2019.

Reasons

Facts of recognition

A. The defendant is a company engaged in real estate leasing business, real estate management business, etc.

B. On November 9, 2012, the Plaintiff entered into a contract with the Defendant on the lease deposit amounting to KRW 31 million with respect to the Switzerland type guest rooms among the Switzerland type C (hereinafter “instant contract”).

C. Under the instant contract, the Plaintiff paid the Defendant KRW 1,00,000,000 as the down payment on the date of the conclusion of the said contract, KRW 2,00,000 as the intermediate payment on the 13th of the same month, and KRW 31,00,000 as the remainder on the 20th of December of the same year.

According to the above contract (Article 5), the defendant shall refund the full amount of the lease deposit paid by the plaintiff to the plaintiff at the expiration of the contract.

E. The instant contract terminated on December 19, 2018 with the expiration date.

[Ground of recognition] In light of the above facts without dispute, Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings, the defendant is obligated to pay to the plaintiff 31,00,000 won and damages for delay calculated at the rate of 5% per annum under the Civil Act from the date following the end date of the contract of this case until July 2, 2019, clearly indicated that the delivery date of a copy of the complaint of this case is a delivery date of the complaint of this case, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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