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(영문) 대전지방법원논산지원 2019.07.11 2018가단22803
보증금반환
Text

1. The Defendant’s KRW 45,00,000 and the Plaintiff’s 15% per annum from March 7, 2019 to May 31, 2019.

Reasons

1. According to Gap evidence No. 1 and the purport of the whole oral argument as to the cause of the claim, the plaintiff entered into a lease contract with the defendant on October 3, 2014 with the lease deposit deposit amounting to KRW 45 million between October 3, 2014 and October 2, 2016, with the lease deposit amounting to KRW 45 million between October 3, 2014 and the lease terming to October 2, 2016. It can be recognized that the above lease contract was renewed after the expiration of the lease term, and the plaintiff requested the return of the deposit by notifying the termination of the lease contract to the warden of this case on December 3, 2018. Since the fact that the copy of the complaint of this case was delivered to the defendant on December 7, 2018, the lease contract of this case was lawfully terminated on March 7, 2019 after the plaintiff expressed his intention of termination.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 45 million won a lease deposit and damages for delay calculated at the rate of 15% per annum as stipulated in the main text of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings before Amendment (amended by Presidential Decree No. 29768, May 21, 2019) from March 7, 2019 to May 31, 2019, with the statutory interest rate of 15% per annum as stipulated in the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings before Amendment (amended by Presidential Decree No. 29768, May 21, 2019).

Although the Defendant asserted that the Plaintiff occupied the instant loan, it is difficult to admit the Defendant’s assertion in light of the video of the evidence No. 2, and there is no other evidence to acknowledge it.

2. If so, the plaintiff's claim of this case is justified.

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