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(영문) 대구지방법원 김천지원 2018.08.22 2018가단30647
임대차보증금
Text

1. The Defendant’s KRW 32,167,141 as well as 5% per annum from December 1, 2012 to December 21, 2017 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. On November 14, 2007, the Plaintiff leased the lease deposit amount of KRW 37,000,000, and the term of lease from November 14, 2007 to November 13, 2009.

B. From the time when a lease contract was renewed several times, on March 20, 2012, the procedure of the auction of real estate in relation to subparagraph 201 of the instant case was commenced as D in this Court. On November 30, 2012, the Plaintiff received dividends of KRW 4,832,859 out of the deposit for lease in the said distribution procedure.

【Reason for Recognition】 Each description of evidence Nos. 1 through 3 (including serial number) and the purport of the whole pleadings

C. Accordingly, the lease contract between the original Defendant is terminated, and the Defendant is obligated to pay to the Plaintiff the remainder of lease deposit of KRW 32,167,141 (=37,00,000 - 4,832,859) and damages for delay at each rate of 5% per annum as stipulated in the Civil Act from December 1, 2012 to December 21, 2017, the delivery date of the copy of the corrective statement of payment of this case, which is the delivery date, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

In regard to this, the defendant is merely a nominal holder, and the actual owner of 201 of this case is disputed to the purport that he is E, but it is difficult to conclude that it is a cause for the tenant to oppose the plaintiff, and it is difficult to accept the defendant's above assertion.

2. Conclusion, the plaintiff's claim is accepted for reasons.

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