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(영문) 서울중앙지방법원 2015.03.25 2014나44955
임대차보증금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance is the same as that of the part concerning the reasoning of the judgment of the court of first instance, and thus, it is accepted in accordance with the main sentence of Article 420

However, the judgment on the defendant's defense for repayment is added as follows.

2. There is no dispute that around August 25, 2014, after the Defendant rendered a judgment on the Defendant’s defense of repayment, remitted KRW 42,645,786 to the Plaintiff’s account in order to repay the principal of the claim to return the lease deposit of this case.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 5,554,214 (=48.2 million - 42,645,786) and delay damages.

3. According to the conclusion of the judgment of the court of first instance, the part against the defendant exceeding the above-mentioned scope is revoked, and the plaintiff's claim corresponding to the revoked part is dismissed.

The defendant's remaining appeal is dismissed.

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