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(영문) 울산지방법원 2019.10.31 2019가합13700
전세금 반환 청구의 소
Text

1. The Defendant’s KRW 350,000,000 and the Plaintiff’s annual interest thereon from January 8, 2019 to June 21, 2019.

Reasons

1. Indication of claim;

A. On January 6, 2017, the Plaintiff entered into a respective real estate lease agreement (hereinafter referred to as the “instant lease agreement”) with the Defendant on each of the real estate lease agreements (hereinafter referred to as the “instant lease agreement”) between the Defendant and the Defendant, setting the deposit deposit amount of KRW 160,000,000 for the deposit money for lease from January 6, 2017 to January 5, 2019 for the instant apartment E, from January 6, 2017 to January 5, 2019 for the deposit money of KRW 190,00,000,000 for the deposit money for lease from January 6, 2017 to January 5, 2019 for the lease period. On the same day, the Plaintiff paid the said deposit money to the Defendant on the same day.

B. On January 7, 2019, after the expiration of the instant lease contract, the Plaintiff issued a transfer of both the instant apartment units D and E to the Defendant, but the Defendant did not refund the deposit money under the instant lease contract to the Plaintiff.

C. Therefore, the Defendant is obligated to pay to the Plaintiff 350,000,000 won in total for the deposit money for the instant apartment units D, E, and damages for delay at the rate of 5% per annum from January 8, 2019, the day following the delivery date of the above apartment units, to June 21, 2019, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of complete payment.

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;

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