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Reasons
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(영문) 청주지방법원 2015.11.26 2015가단5606
전세보증금반환
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1. The Defendant’s KRW 33,320,00 for the Plaintiff and the following: 5% per annum from May 12, 2015 to November 26, 2015.

Reasons

1. Facts of recognition;

A. On September 2014, the Defendant received KRW 35 million from the Plaintiff on the ground that the Plaintiff, who sought a house at the monthly rate of KRW 40 million, called “on the basis of sending KRW 35 million to the Plaintiff, who was going to obtain monthly rent, the Plaintiff was paid KRW 35 million from the Plaintiff.”

B. However, in fact, the Defendant, at the time of Cheongju, leased the Plaintiff KRW 203,00,000 monthly rent of KRW 60,000,000,000 to KRW 5,000,000,000 as the interest rate of KRW 40,000,000.

C. As seen earlier, the Defendant is currently indicted on August 31, 2015 and is under trial with the Cheongju District Court 2015Kadan1408, which is the criminal facts by deceiving the Plaintiff and deceiving the money.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts, the Defendant caused damages by deceiving the Plaintiff as above, and the amount is KRW 3872,00,000 (=35,000 won interest of KRW 3,720,000) paid from the Plaintiff. Therefore, barring any special circumstance, the Defendant is obligated to compensate the Plaintiff for such damages.

B. Meanwhile, as seen earlier, the Defendant: (a) leased a building C, 203 of Cheongju-si to the Plaintiff; and (b) paid the lessor a sum of KRW 5.4 million from September 2014 to May 2015 (i.e., monthly rent of KRW 600,000 x 9 months); (b) the said amount was the Plaintiff’s profit; and (c) therefore, it is reasonable to deduct the said amount from the damages compensation.

C. Therefore, the Defendant’s assertion as to the existence or scope of the instant obligation is reasonable since May 12, 2015 following the delivery of a copy of the instant complaint to the Plaintiff (i.e., KRW 38.72 million - KRW 5.4 million), as sought by the Plaintiff.

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