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(영문) 서울남부지방법원 2014.12.04 2014가단41180
임대차보증금
Text

1. The defendant shall pay 35,00,000 won to the plaintiff and 20% per annum from July 1, 2014 to the day of complete payment.

Reasons

The Plaintiff entered into a lease agreement between the Plaintiff and the Plaintiff on August 28, 201 with respect to KRW 60,00,000, and the lease term from September 26, 2011 to September 25, 2013 with respect to KRW 60,000,00 for the leased object; the Plaintiff returned the leased object to the Defendant upon the termination of the lease term when the Plaintiff used the leased object; and the Defendant promised to return the leased object to the Plaintiff by June 15, 2014, without any dispute between the parties, or can be recognized by the entries in subparagraphs A through 4.

According to the above facts, the defendant is obligated to pay to the plaintiff 35,00,000 won for the remainder of the lease deposit with the exception of the amount already paid to the plaintiff, and 20% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 1, 2014 to the day of complete payment, following the day when a duplicate of the complaint of this case is served to the defendant.

As to this, the Defendant: (a) had D resolve the issue of returning the lease deposit to the Plaintiff; (b) thereafter, the Defendant agreed to pay KRW 60,000,000,000 to D twice until June 21, 2014; and (c) KRW 30,000,000 until November 30, 2015, respectively; and (c) in accordance with the above agreement, D paid KRW 25,00,000,000 to the Defendant, even though D filed the instant lawsuit prior to the due date of payment of the remaining amount, the Plaintiff cannot comply with the Plaintiff’s claim.

The Defendant’s aforementioned assertion was concluded between D and the Plaintiff that the aforementioned D agreed that the Defendant’s obligation to return the lease deposit owed to the Plaintiff would be exempted from obligation. Accordingly, according to the written evidence Nos. 1, 2, and 3, D paid KRW 25,00,000 out of the lease deposit to the Plaintiff on June 21, 2014, and on the same day, D’s above payment was made to the Plaintiff on July 2014.

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