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(영문) 창원지방법원 2019.11.29 2019가단7580
임대차보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 12% per annum from August 10, 2019 to the date of complete payment.

Reasons

The Plaintiff’s lease from the Defendant on May 2, 2016, with a deposit of KRW 70,00,000, a deposit of KRW 70,000 from May 26, 2016, and the contract period from May 26, 2016 to May 25, 2018, paid the deposit of KRW 70,00,00 to the Defendant, and the fact that the Plaintiff delivered the said real estate to the Defendant on December 28, 2018, which is the expiration of the lease period, is no dispute between the parties.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 70,000,000 as well as damages for delay calculated at the rate of 12% per annum from August 10, 2019 to the date of full payment, which is the day following the delivery date of a copy of the instant complaint, as the Plaintiff seeks.

Therefore, the defendant asserts that since the plaintiff's mistake caused defects in the electrical facilities and equipment of the above leased object, the claim for the refund of the above lease deposit is offset against the damage claim, but the defendant's above assertion is not accepted since there is no specific assertion or proof.

If so, the plaintiff's claim is justified and acceptable.

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