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(영문) 대전지방법원 2015.07.15 2015가단11776
임대차보증금반환
Text

1. The Defendant: (a) KRW 29,05,150 for the Plaintiff and 5% per annum from April 10, 2015 to July 15, 2015; and (b) for the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 8, 2010, the Defendant leased to the Plaintiff KRW 3,000,000 monthly rent of KRW 3,000,000,000 for a lease deposit with respect to KRW 66,000,000,000,000 among Class 1 neighborhood living facilities of the first floor located in Daejeon-gu, Daejeon (hereinafter “instant building”).

B. On March 9, 2015, the Plaintiff paid a lease deposit of KRW 3 million to the Defendant, and carried on business upon delivery of the instant building from the Defendant, and delivered the instant building to the Defendant.

C. The Defendant withdrawn KRW 3 million on March 10, 2015, which was the day following the delivery of the instant building by the Plaintiff, but did not pay the Plaintiff the lease deposit due to the dispute between the Plaintiff and the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (including virtual number), Eul evidence No. 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of KRW 90,055,150 remaining after deducting the rent of KRW 900,000 and the electricity fee of KRW 44,850 for three months from the person who was not paid by the plaintiff at KRW 3 million for the lease deposit (=3 million - the rent of KRW 900,000,000 - the electricity fee of KRW 44,850), and as requested by the plaintiff, to the plaintiff as against the scope of the defendant's obligation from April 10, 2015, which is the day following the delivery of the complaint of this case until July 15, 2015, the amount of five percent per annum under the Civil Act until July 15, 2015, and the damages for delay calculated annually by the following day until the day of full payment.

3. Judgment on the defendant's assertion

A. In order to receive the instant building, the Defendant filed a lawsuit and received a favorable judgment of the Defendant, and executed the said judgment and received the instant building. Thus, the Defendant asserts that the said litigation costs of KRW 717,972 and its enforcement costs of KRW 144,00 and KRW 50,000, KRW 75,000, KRW 75,000, and KRW 300,000,000 shall be deducted from the opening cost of the instant building.

Domins, B.

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