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(영문) 광주지방법원순천지원 2015.06.17 2015가단72013
보증금반환
Text

1. The defendant shall pay 80,000,000 won to the plaintiff and 4% per annum from July 1, 2015 to the day of complete payment.

Reasons

1. Indication of claim;

A. On March 5, 2013, the Plaintiff, the father of the Defendant, set the lease deposit amount of KRW 80 million, monthly rent of KRW 300,000,000, and the term of lease from April 2, 2013 to June 30, 2015, with the lease deposit amount of KRW 902, Dong-dong (hereinafter “instant real estate”).

B. C agreed not to increase the maximum debt amount of the right to collateral security established on the instant real estate at the time of the conclusion of the said lease agreement, and, if so, to immediately refund the deposit to the Plaintiff upon termination of the said lease agreement.

C. However, C violated the foregoing arrangement, and the Plaintiff and C agreed on September 5, 2014, and upon the termination of the said lease agreement, the lease deposit will be refunded on the same day, but C agreed on the exemption of delay damages until June 30, 2015 if C fails to refund the lease deposit on the same day.

On September 14, 2014, the Plaintiff handed over the instant real estate to C.

E. Meanwhile, the Defendant inherited the status of the lessor by inheritance of the instant real estate on September 1, 2014 due to the agreement division as of September 11, 2014.

F. Therefore, the defendant is liable to pay the lease deposit and damages for delay to the plaintiff.

2. Articles 208(3)1 and 257 of the Civil Procedure Act: A judgment without holding any pleadings;

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