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(영문) 전주지방법원 2015.04.21 2014가단41768
임대차보증금
Text

1. The Defendant’s KRW 37,600,000 as well as 5% per annum from November 15, 2014 to April 21, 2015 to the Plaintiff.

Reasons

If Gap evidence Nos. 1 and 2 added the purport of the entire pleadings, on August 12, 201, the plaintiff leased 301 rental deposit Nos. 40,000,000, monthly rent Nos. 200,000, and 24 months for the term of lease from the defendant on August 12, 2011, and the fact that the defendant delivered the above building to the plaintiff on August 31, 2014, after the term of lease expires, the defendant is liable to pay the above rental deposit Nos. 40,000,000 and delay damages to the plaintiff, barring any special circumstances.

In regard to this, the defendant asserts that the plaintiff should deduct the monthly rent and management expenses unpaid after September 1, 2013 from the above deposit, so it can be recognized that the plaintiff did not pay KRW 2,400,000 for the monthly rent from September 1, 2013 to August 31, 2014, the defendant should deduct it from the rental deposit. However, since there is no evidence to acknowledge the above amount, the defendant's above assertion is justified within the above scope of recognition.

Therefore, the defendant is liable to pay to the plaintiff 37,600,000 won (=40,000 won - 2,400,000 won) and to pay damages for delay at each rate of 20% per annum under the Civil Act from November 15, 2014, the day following the service of the original copy of the instant payment order, which is the day of the original copy of the instant payment order, until April 21, 2015, which is the date of the instant judgment, until April 21, 2015, which is the date of the instant judgment, to the day of full payment.

Therefore, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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