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(영문) 대구지방법원 김천지원 2018.11.01 2018가단33363
보증금반환
Text

1. The Defendant’s KRW 45,00,000 as well as the annual rate of KRW 5% from April 21, 2018 to July 12, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 3, 2015, C entered into a lease agreement with the Defendant on the first floor (hereinafter “instant housing”) among multi-household houses on the ground D, Gu-si, Seoul, with the lease deposit amounting to KRW 45 million, and the lease period from November 21, 2015 to November 20, 2017.

(hereinafter “instant contract”). (b)

C Deceased on August 1, 2017, the heir died, and his spouse and children E, and the Plaintiff and E entered into an agreement on the division of inherited property on July 3, 2018, in which the claim for the return of lease deposit under the instant contract is owned by the Plaintiff.

C. After having held C’s funeral, the Plaintiff delivered the instant house to the Defendant on August 2017, and had not been refunded the lease deposit from the Defendant up to now, and was paid by the Defendant the amount equivalent to delay damages on the lease deposit until April 20, 2018.

[Evidence] Facts without dispute, Gap evidence Nos. 1 through 8 (including each number in the case of additional number), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. In light of the above facts, the defendant shall refund the lease deposit to the plaintiff according to the termination of the contract of this case. Since the plaintiff delivered the house of this case, the defendant is obligated to pay to the plaintiff the lease deposit amounting to 45 million won and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from April 21, 2018 to July 12, 2018, the delivery date of the copy of the complaint of this case, from the next day to the day of the delivery of the copy of the complaint of this case, to the day of full payment.

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

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