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(영문) 인천지방법원부천지원 2020.10.16 2020가단107201
보증금반환
Text

1. The defendant shall pay 80,000,000 won to the plaintiff and 12% per annum from June 24, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On April 15, 2016, the Plaintiff entered into a lease agreement between the Defendant and Seocheon-gu C apartment D (hereinafter “instant building”) with respect to the lease deposit amounting to KRW 80 million and the lease term from May 16, 2016 to May 15, 2018.

(hereinafter “instant contract”). (b)

The Plaintiff paid KRW 80 million to the Defendant according to the instant contract.

C. On March 3, 2017, under the circumstances where an auction on the instant building was commenced and seizure was followed, the Plaintiff became aware of the Defendant’s filing of an application for individual rehabilitation and asked the Defendant to refund the lease deposit, and on May 4, 2018, requested the Defendant to refuse to renew the contract and return the deposit.

The Plaintiff completed the directors with a little amount of left space in the building of this case, and the Plaintiff again notified the Defendant that the building of this case would return the deposit money, as the instant complaint is currently transferable.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the judgment on the cause of the claim, the defendant is obligated to pay to the plaintiff the lease deposit amount of KRW 80 million and delay damages calculated at the rate of 12% per annum from June 24, 2020 to the day following the delivery of a copy of the complaint of this case to the day of full payment.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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