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(영문) 인천지방법원 2020.11.04 2020가단222282
보증금반환
Text

The defendant shall pay 30,68,129 won to the plaintiff and 12% per annum from June 20, 2020 to the day of complete payment.

Reasons

Comprehensively taking account of the facts not disputed between the parties and the overall purport of the statements and arguments set forth in Gap evidence Nos. 1 and 2, it is recognized that the plaintiff leased the above house from the defendant on July 20, 2017, by setting the lease deposit amount of KRW 60,000,000, and the lease term of KRW 60,000 from July 20, 2017 to July 19, 2019. The plaintiff paid the deposit amount of KRW 60,000,000 to the defendant and resided in the above house from the defendant around that time, and returned the above house to the defendant after the expiration of the lease term.

According to the above facts, since the above lease contract has expired, the defendant, a lessor, is obligated to pay to the plaintiff, a lessee, the amount of KRW 60,000,00,000, the amount of KRW 30,688,129, excluding KRW 29,311,871, which the plaintiff was paid dividends through the auction procedure (=60,000, KRW 29,311,871) and damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 20, 2020 to the date of returning the plaintiff's house.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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