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(영문) 대전지방법원 2019.04.12 2017나114465
임대차보증금
Text

1. The judgment of the court of first instance is in accordance with the defendant's succession to the lawsuit and the plaintiff's reduction of claims in this court.

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the determination of the allegations added by this court, such as the following Paragraph (2) and Paragraph (3). Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Of the judgment of the court of first instance, the part of which is dismissed or added, the Defendant’s “Defendant” in the third second sentence of the judgment of first instance is dismissed as “the deceased (the deceased died on June 18, 2018, which was after the closing of argument in the first instance trial; hereinafter “the deceased”), and all “Defendant” in the “reason” in the judgment of first instance are dismissed as “the deceased.”

The following is added to the last part of the "basic facts" of the fifth 6th instance judgment of the first instance, and the "(based grounds for recognition)" is added to the "second 3 and fourth 4."

“F. After the closure of the argument in the first instance trial, the Deceased died on June 18, 2018. Of the deceased’s inheritors, the Defendant was subject to the Seoul Family Court Decision 2018 Madan7011, Nov. 7, 2018, and the remaining inheritors (AE, AF, and AG) were subject to the Seoul Family Court Decision 2018 (Seoul Family Court Decision 2018 Ma7012) on November 13, 2018. The Seoul Family Court Decision 2018 Ma12, Nov. 12 through 16, 2018.”

"Therefore, the defendant is liable to pay to the plaintiff 150,000,000 won of lease deposit and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from April 8, 2016, following the termination date of the lease contract of this case (after April 3, 2016, the day following the day when the copy of the complaint of this case sought by the plaintiff was served on the deceased) until April 12, 2019, which is appropriate to dispute the existence or scope of the defendant's obligation to perform, until April 12, 2019, and until the day when the decision of the court is rendered."

3. The defendant's judgment as to the assertion added by this court is based on Article 630 (1) of the Civil Code.

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