(영문) 서울남부지방법원 2019.08.13 2019가단213584

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(영문) 서울남부지방법원 2019.08.13 2019가단213584

임차보증금 반환 등 청구의 소

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1. The defendant shall pay 5 million won to the plaintiff and 12% per annum from April 15, 2019 to the date of complete payment.

Reasons

1. According to the overall purport of evidence Nos. 1, 2, and 3 and the oral argument, the Plaintiff (Lessee) entered into a lease agreement with the Defendant on February 8, 2018 on the lease deposit amount of KRW 110 million with respect to building C, Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant lease agreement”) from February 4, 2018 to February 3, 2019 (hereinafter “the lease agreement”). The Plaintiff paid the Defendant the lease deposit of KRW 110 million with the Defendant around January 23, 2019; the Plaintiff delivered the said real estate to the Defendant on January 26, 2019; the Defendant agreed to terminate the instant lease agreement with the Defendant on February 25, 2019; and the Defendant returned the lease deposit amount of KRW 150 million to the Plaintiff on February 4, 2019; and the Defendant returned the lease deposit money to the Plaintiff on March 27, 2009.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 5 million (i.e., KRW 110 million - KRW 15 million - KRW 40 million) and the amount calculated by the rate of 12% per annum (the interest rate prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings) from April 15, 2019 (the next day of the delivery of a copy of the instant complaint) to the day of full payment (the next day of the delivery of a copy of the instant complaint).

2. According to the evidence Nos. 2, 3, and 4 and the purport of the entire pleadings, the Plaintiff is aware of the fact that the Plaintiff was promised to pay the Defendant the interest on the loan, which was the loan that was paid by E (Plaintiff’s father) and was planning to repay the loan that was refunded by the Defendant, and that the Defendant promised to pay the interest on the loan.

Therefore, the Defendant is obligated to pay to the Plaintiff money calculated at the rate of KRW 186,986 per month from May 30, 2019 to the full repayment of the lease deposit.

(3) The defendant does not dispute the plaintiff's claim, and it is the position that he will return the deposit as soon as possible as possible.

참조조문

-소송촉진 등에 관한 특례법

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