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(영문) 대전지방법원 2015.11.19 2015가단205229
임대차보증금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 10, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 50,00,000,00 for the third floor No. 301, 52.305 square meters (hereinafter “instant housing”) among the Daejeon-gu Daejeon-gu Seoul Multi-Family Housing (multi-household) owned by the Defendant, as two years from February 10, 2012 to February 10, 2014, and completed the move-in report of the instant housing on February 10, 2012, and received the fixed date on the same day.

B. On January 11, 2012, the Plaintiff paid the Defendant the down payment of KRW 500,000,000, the intermediate payment of KRW 2,500,000, and the remainder of KRW 47,000,000 on February 10, 2012, respectively.

C. On January 7, 2015, the Plaintiff sent to the Defendant a certificate of the content that terminates the instant lease agreement, and was served on January 8, 2015 to the Defendant.

On July 3, 2015, the Plaintiff filed an application for the order of lease registration of the instant house with the Daejeon District Court (Seoul District Court 2015Kadan95), and completed the lease registration under the receipt of No. 78563 on July 10, 2014, delivered the instant house to the Defendant on July 11, 2015. On August 7, 2015, the Plaintiff transferred the resident registration from the instant house to Gwangjin-gu Seoul Special Metropolitan City D and 205.

E. On July 23, 2015, the Defendant deposited KRW 50,000,000 for the instant lease deposit (No. 4059 in 2015).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4, 5, Eul evidence 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment thereon

A. Plaintiff’s assertion 1) On July 10, 2015, the Plaintiff delivered the instant house to the Defendant. 2) On July 23, 2015, the Defendant deposited KRW 50,000,000 for the instant lease deposit to the Plaintiff.

3) Therefore, the Defendant is obligated to pay KRW 129,781 for damages for delay of KRW 50,000 for lease deposit from July 11, 2015 to July 23, 2015.

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