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(영문) 부산지방법원동부지원 2020.07.15 2020가단2337
임대차보증금반환
Text

1. The defendant shall pay to the plaintiff 29,60,000 won with 12% per annum from April 24, 2020 to the day of complete payment.

Reasons

1. In addition to the purport of the entire pleadings in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff entered into a lease contract with the Defendant on July 7, 2017, setting the lease deposit amount of KRW 40,000,000, monthly rent of KRW 50,000, and the lease term of KRW 50,000 from July 22, 2017 to July 21, 2019 (hereinafter “instant lease contract”). The Plaintiff paid KRW 40,000,000 to the Defendant at the time of the conclusion of the said contract, and received the instant real estate from the Defendant.

According to the above facts, the lease contract of this case was terminated on July 21, 2019, and the defendant is obligated to pay to the plaintiff 29,600,000 won remaining after deducting 10,400,000 won from 40,000 won for lease deposit and damages for delay calculated at the rate of 12% per annum from April 24, 2020 to the day of full payment as requested by the plaintiff.

2. The Defendant’s assertion on the Defendant argues that since the Plaintiff continued to possess the instant real estate without notifying the password even after the termination of the lease contract, the Defendant’s claim that a considerable amount of the rent should be deducted from the deposit for lease. However, there is no evidence to acknowledge that the Plaintiff uses and benefits from the instant leased object even after the termination of the lease contract, only when he actually uses and benefits from the leased object after the termination of the lease contract, and that there is no reason to acknowledge that the Plaintiff uses and benefits from the leased object.

Therefore, the defendant's assertion.

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