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(영문) 의정부지방법원고양지원 2016.06.15 2015가단32502
임차보증금반환
Text

1. The Defendant’s KRW 120,000,000 as well as 5% per annum from January 6, 2013 to December 29, 2015 to the Plaintiff.

Reasons

1. The judgment on the cause of the claim shall be examined, and the facts recorded in the separate sheet shall not be disputed between the parties, or shall be acknowledged in full view of the entries in the evidence of subparagraphs A and C and the whole purport of the pleadings.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 120,000,000 won for lease deposit and damages for delay at each rate of 5% per annum prescribed by the Civil Act from January 6, 2013 to December 29, 2015, which is the delivery date of a copy of the complaint of this case, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. On October 15, 2015, the Defendant asserted that the Plaintiff’s claim for the refund of the lease deposit in this case against the Defendant was entered in the list of creditors and applied for bankruptcy or exemption from liability under the Jung-gu District Court 2015Hadan2912, 2015Ma2914, and thus, the Plaintiff’s claim should be dismissed. However, even if the Defendant applied for bankruptcy or exemption from liability, it does not result in any limitation on the Plaintiff’s exercise of right in the Plaintiff’s lawsuit, which is the obligee, until the exemption from immunity becomes final and conclusive in the bankruptcy and the procedure for the application for exemption from liability.

3. Conclusion, the plaintiff's claim of this case is justified.

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