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(영문) 대전지방법원 2017.02.07 2016가단30712
전세금반환
Text

1. The Defendant’s KRW 70,000,000 as well as 5% per annum from June 25, 2016 to December 26, 2016 to the Plaintiff.

Reasons

Comprehensively taking account of the purport of the argument stated in Gap evidence No. 1, the plaintiff entered into a lease agreement with the defendant on June 9, 2014, which stipulates that the lease deposit is KRW 70,00,000 and the lease deposit is from June 24, 2014 to June 24, 2016 (hereinafter referred to as "lease agreement"). The plaintiff paid the lease deposit to the defendant on June 24, 2014; the plaintiff was delivered the apartment of this case from the defendant on June 22, 2016; the plaintiff was clearly found to have delivered the apartment of this case to the defendant on June 24, 201; the lease agreement of this case is terminated as of June 24, 2016; thus, it is apparent that the lease contract of this case expires as of June 24, 201; the defendant is obligated to pay 70,000,000 won and damages for delay from June 26, 2016.

Accordingly, the defendant did not receive the important parts of the leased object from the plaintiff.

(2) Although the Plaintiff asserts to the effect that the damages should be deducted from the lease deposit of this case since the Plaintiff damaged and damaged the apartment of this case during the lease term, the Plaintiff’s delivery of the apartment of this case to the Defendant on June 22, 2014 is as seen above, and there is no evidence to support the fact that the Plaintiff destroyed the apartment of this case. Thus, the Defendant’s defense is without merit.

If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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