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(영문) 서울남부지방법원 2020.04.23 2019가단19195
보증금반환
Text

1. The defendant 10,492 won to the plaintiff and 4.8% per annum from February 11, 2020 to April 23, 2020.

Reasons

1. Facts of recognition;

A. On July 29, 2016, the Plaintiff concluded a lease agreement with the Defendant to lease the three-storys of the three-storys of the three-storys of the building in Yeongdeungpo-gu Seoul Metropolitan Government C and D as of August 4, 2019, setting the deposit amount of KRW 30 million and the lease period of KRW 30 million.

B. On August 4, 2019, the Plaintiff handed over the said real estate to the Defendant.

C. On August 8, 2019, the Defendant promised to the Plaintiff that “The deposit shall be paid to the Plaintiff up to August 31, 2019.” If during this period, the interest shall be paid at the rate of KRW 0.4% per KRW 10,000 per won from September to August 31, 2019.”

The Defendant paid KRW 240,00,000 to the Plaintiff on October 2, 2019, KRW 480,000 on November 28, 2019, and KRW 6,0560 on February 11, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Eul evidence 1-1, 2-2, and 2-2, the purport of the whole pleadings

2. The fact that the Defendant paid the Plaintiff KRW 240,00,000 on October 2, 2019, KRW 4880,000 on November 28, 2019, and KRW 60,560,00 on February 11, 2020 to the Plaintiff as the refund of the deposit does not conflict between the parties, and there is no evidence that there was an agreement on the method of satisfaction of the obligation under Article 479 of the Civil Act, upon satisfaction of the obligation, the remaining lease deposit as of February 11, 2020 is KRW 10,492 as indicated in the following table of satisfaction of the obligation.

60,000,000 60,000 240,000 11,80,800 11,800,800 11,8039.19. 60,60,000 480,000 448,525 460,328 460,328 19,6728 59,980,328 280,328 28.28,000 20,000 50,000 60,000,000 11,80,000 11,80,000 40,000,000 2,000,000,000 50,000,000 50,000,000 20,000,000 per annum of interest appropriation of 2.

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