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(영문) 대전지방법원천안지원 2014.12.18 2014가단105246
임대보증금반환 청구의 소
Text

1. The Defendant’s KRW 20,476,790 for the Plaintiff and KRW 5% per annum from March 22, 2014 to December 18, 2014.

Reasons

1. Facts of recognition;

A. On June 10, 2008, the Plaintiff entered into a lease agreement with the Defendant with the deposit amount of KRW 90,00,000 and the period from June 30, 2008 to June 30, 2010 with respect to the Asan City C Apartment 108, 401 (hereinafter “the instant apartment”). The Plaintiff paid all the deposit to the Defendant.

B. Upon termination of the instant lease agreement, the Plaintiff delivered the instant apartment to the Defendant on February 4, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant is obligated to return the deposit of this case to the plaintiff.

B. As to the scope of the deposit to be returned, the Plaintiff seeks 21,476,790 won remaining after deducting the amount as seen below (i.e., KRW 15,00,000 - KRW 47,517,020 - KRW 3,500,000 - 2,637,360 - KRW 180,950 - KRW 312,120).

1) On October 5, 2010, the Plaintiff transferred KRW 15,00,00 among the claims for the return of the instant deposit to D and notified the Defendant of the transfer. As such, the Plaintiff’s creditor deducted KRW 15,00,000 from the instant deposit. 2) On November 17, 2011, E, a creditor of the Plaintiff, was subject to the attachment and collection decision on the instant claim for the return of deposit under the Daejeon District Court Branch Branch Decision 2011TT939, Daejeon District Court Decision 2013Da21662, the Plaintiff filed a lawsuit against the Defendant for the claim for the collection of the deposit, and on April 23, 2014, “The Defendant was to deduct KRW 47,517,020 from E, and KRW 35,122,950 from the total amount to the date of full payment, the Plaintiff’s judgment was 201,205Ra41, 2014.

3) The Plaintiff is entitled to deduction of KRW 3,500,000,000, which is a vehicle in arrears under the instant lease agreement.

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