logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.11.15 2018가단100318
보관금 반환
Text

1. The Defendant shall pay to the Plaintiff KRW 31,385,200 and interest rate of KRW 15% per annum from August 30, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The plaintiff is the husband of the defendant's father C, who is his father.

B. In around 2006, the Plaintiff, as the owner of the real estate listed in the separate sheet (hereinafter “the instant house”), delegated the Defendant to enter into a lease agreement on behalf of the Plaintiff on behalf of the Plaintiff and receive the lease deposit and keep it for the Plaintiff.

C. According to the foregoing delegation, the Defendant, on behalf of the Plaintiff, entered into a lease agreement with D on behalf of the Plaintiff, setting the lease term of KRW 47 million from October 8, 2010 to October 7, 2012, with the lease deposit without monthly rent, and received KRW 47 million from D as the lease deposit, around October 8, 2010, and paid KRW 35 million as the refund for the former lessee to D, and thereafter, paid KRW 67 million as the lease deposit with D around November 3, 2015.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 1 (including each number), the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Defendant keeps 32,00,000 won as lease deposit for the Plaintiff. From the above 32,00,000 won to the above 32,80,000 won, if the Defendant deducts the total amount of 614,800 won of local taxes paid by the Defendant on behalf of the Plaintiff, the amount of custody that the Defendant must return to the Plaintiff remains 31,385,200 won, and thus, the Defendant is obligated to pay the above 31,385,200 won and damages for delay.

B. It is true that the Defendant kept 32,000,000 won as lease deposit for the Plaintiff.

However, the sum of the local tax paid by the Defendant on behalf of the Plaintiff and the repair cost of the instant house is equivalent to KRW 1,300,000 and KRW 2,00,000 that the Defendant remitted to the Plaintiff.

arrow