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Reasons
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(영문) 서울남부지방법원 2015.10.06 2014가단243894
임대차보증금
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1. The defendant shall pay 35,00,000 won to the plaintiff and 20% per annum from June 24, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On May 19, 2003, the Defendant leased the lease deposit amount of KRW 50,000,000, and the lease period of KRW 31 December 31, 2003 to the Plaintiff (hereinafter “instant lease contract”). The Plaintiff paid the Defendant the lease deposit amount of KRW 50,000,000,00 to the Plaintiff and occupied and used the above lease room.

B. On November 11, 2003, the Plaintiff sent to the Defendant his intent to refuse the renewal of the instant lease agreement by content-certified mail, and served to the Defendant on November 21, 2003.

C. On March 4, 2004, the Plaintiff filed an application with the Incheon District Court for a payment order of KRW 50,000,000 with the Defendant to return the lease deposit amount of KRW 50,000 (Seoul District Court Decision 2004Ra6760). In the above case, the Defendant issued a payment order to the Plaintiff to pay the Plaintiff the amount of KRW 50,000,000 and the amount calculated at the rate of KRW 20% per annum from June 2, 2004 (the day following the day on which the payment order was served) to the day of complete payment. The Defendant did not raise any objection, and the payment order became final and conclusive on June 16, 2004.

The Plaintiff was suspended from gas supply since September 3, 2004, and thus was unable to possess and use the above Sejong room.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 4, 5, and 6, the purport of the whole pleadings

2. According to the above facts of recognition, the instant lease agreement was terminated on December 31, 2003. Thus, the Defendant, barring any special circumstance, stated to the Plaintiff that the Plaintiff received KRW 15,000,000 from E, a third party, around November 2004, under the condition that the Plaintiff would cancel the provisional disposition for the house of the Defendant’s spouse, as the Plaintiff seeks, on the date of pleading on August 25, 2015 (the preparatory document dated January 16, 2015), and on the date of pleading on August 25, 2015.

For this, the payment order of this case shall be repaid from June 24, 2014, which is the day following the delivery of the payment order of this case.

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