(영문) 서울중앙지방법원 2015.06.23 2014가단200341

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(영문) 서울중앙지방법원 2015.06.23 2014가단200341

임대차보증금반환

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1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 20% per annum from May 9, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 6, 2010, the Plaintiff: (a) between C and a person who represented by the Defendant on behalf of the Defendant, the Plaintiff entered into a lease agreement under which the Plaintiff leases a vinyl building located in Seocho-gu Seoul Metropolitan Government D (hereinafter “instant building”) from the Defendant, with a lease deposit of KRW 15 million, monthly rent of KRW 300,000,000; and (b) the lease term of KRW 2 years; and (c) the instant lease agreement.

(2) On the date of the contract, the Plaintiff concluded a contract, and the Plaintiff paid KRW 10 million to the Defendant as the deposit for the lease of this case. (b) On October 8, 2010, the Plaintiff and C representing the Defendant agreed to increase the deposit amount under the instant lease agreement in KRW 30 million, and the monthly rent in KRW 100,000,000. Accordingly, the Plaintiff paid the Defendant the unpaid deposit amount in KRW 20,000. (c) On June 6, 2014, the instant lease agreement terminated to the fire that occurred in the instant building. [Grounds for recognition] (The Defendant was led to the Plaintiff’s confession that received KRW 30,00,000 from the deposit for the lease of this case under the instant lease, but was revoked at the fourth date of pleading, but there is no evidence as to the fact that the confession was due to the mistake that the confession was contrary to the truth. Therefore, the said confession is not valid.

A. Each entry and the purport of the whole pleadings, as set forth in Section A1 to 6

2. If so, the Defendant is liable to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from May 9, 2015 to the day of complete payment, which is the day following the delivery date of the written application for alteration of claim and cause of claim of this case filed by the Plaintiff, as the lease deposit of this case with KRW 30 million and the day of completion of the lease contract of this case.

3. Receipt of the Plaintiff’s claim for conclusion

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