(영문) 창원지방법원통영지원 2020.07.22 2020가단12287

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(영문) 창원지방법원통영지원 2020.07.22 2020가단12287

임대차보증금

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1. The defendant shall pay 7,00,000 won to the plaintiff and 12% per annum from March 17, 2020 to the day of complete payment.

Reasons

1. On November 7, 2018, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with regard to multi-family house D (hereinafter “instant real estate”) located in C at the time of possession by the Defendant (hereinafter “instant real estate”) with a lease deposit of KRW 45,00,000, and the lease term of KRW 12 months from November 2, 2018 to November 1, 2019 (hereinafter “12 months”); the Plaintiff paid KRW 45,00,000 to the Defendant with a lease deposit; the Plaintiff notified the Defendant of his intention not to renew the instant lease agreement one month prior to the expiration of the said lease term; the Plaintiff, on March 1, 202, may be acknowledged by adding all the arguments to the purport of each of subparagraphs 1 through 6, and 8.

According to the above facts, the defendant is obligated to refund the lease deposit to the plaintiff on the ground of the termination of the lease contract. Thus, the defendant is obligated to pay the plaintiff 7,000,000 won calculated by deducting the amount of 38,000,000 won from the amount of the lease deposit 45,000,000 won (=45,000 won - 38,000,000 won) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 17, 2020 to the date of complete payment.

2. Judgment on the defendant's assertion

A. Since the lessor of the instant lease agreement asserted by the Defendant is not the Defendant but the Defendant’s words, the Defendant is not obligated to refund the lease deposit.

B. In light of the fact that there is no evidence to acknowledge the Defendant’s assertion, and rather, on April 29, 2020, the Defendant returned 38,000,000 won out of the lease deposit to the Plaintiff on April 29, 2020 after the instant lawsuit was brought, the Defendant’s above assertion is rejected.

3. If so, the plaintiff's claim is reasonable.

참조조문

-소송촉진 등에 관한 특례법

유사 판례

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