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(영문) 대전지방법원천안지원 2020.09.29 2019가단118681
보증금반환
Text

1. The defendant shall pay 90,000,000 won to the plaintiff and 12% per annum from March 22, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On September 28, 2018, the Defendant completed the registration of ownership transfer on the ground of sale on August 24, 2018 with respect to the Seo-gu Seoul Metropolitan Government C apartment and D (hereinafter “instant real estate”).

B. On August 25, 2018, the Defendant issued to E a power of delegation to confirm the fact of the lease, such as lease-related duties, payment of rent for the lease guarantee period, receipt and management of rent for the lease deposit, lessee’s physical color and selection, advertisement of lease, management of lease (form of a contract). The Defendant issued to E a power of delegation that “all matters related to lease, and delegation of authority related to household inspection and visit to E.”

C. On January 9, 2019, the Plaintiff entered into a lease agreement between E and the Defendant’s representative with respect to the instant real estate with the lease deposit amount of KRW 90,00,000, and from February 7, 2019 to February 6, 2020, and around that time, remitted KRW 80,000 out of the deposit amount to E, and the remaining deposit amount of KRW 10,000,000 was remitted to the former owner F upon demand of E, and began to occupy and use the instant real estate upon delivery.

On March 21, 2020, the Plaintiff handed over the instant real estate to the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including additional number; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the lease contract of this case terminated at the expiration of the period on February 6, 2020, and the plaintiff delivered the real estate of this case to the defendant around March 21, 2020, barring special circumstances, the defendant is obligated to pay to the plaintiff the amount of KRW 90,000,000 as lease deposit and delay damages calculated at the rate of 12% per annum from March 22, 2020 to the date of full payment after the date of delivery of the real estate of this case.

3. Judgment on the defendant's assertion

A. As to the assertion on the payment of deposit, the Defendant may compromise the receipt and management account of the deposit.

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