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(영문) 부산지방법원 2015.09.16 2015가단23266
임차보증금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 20% per annum from September 17, 2015 to the day of complete payment.

Reasons

Comprehensively taking account of the overall purport of the pleadings as to the evidence Nos. 1 through 3, the Plaintiff leased (pre-lease) from the Defendant on December 6, 201, the second floor of the building C on the land of Busan Seo-gu, Busan, with a deposit of KRW 30 million, the rent of KRW 3 million, the period from January 1, 2012 to December 31, 2013, and the Plaintiff paid a deposit of KRW 30 million to the Defendant around that time.

Since the lease is terminated, the defendant is liable to return the deposit to the plaintiff.

The Defendant asserts that, on April 2014, the building owner corporation, the undisclosed industry succeeded to the obligation to return the deposit against the Plaintiff from the Defendant. Accordingly, according to the immunity succession, the Defendant was not liable, and the Plaintiff also consented to the said succession.

However, since there is no proof of the defendant's assertion, the above defense is without merit.

Thus, the defendant is obligated to pay to the plaintiff 30 million won a deposit and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 17, 2015 to the day of full payment, which is the day following the day of sentencing.

(A) The date of birth shall be governed by the Plaintiff’s claim within the scope of statutory interest. It is so decided as per Disposition by the Plaintiff.

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