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(영문) 대전지방법원 천안지원 2018.07.13 2018가합414
전세금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 270,00,000 and the interest rate of KRW 15% per annum from March 13, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On January 4, 2016, the Plaintiff entered into a lease agreement (mortgage lease agreement; hereinafter “instant lease agreement”) between the Defendant and the Defendant with respect to KRW 270,00,000,000, and the lease agreement period from February 25, 2016 to February 25, 2018, regarding the lease deposit (hereinafter “instant apartment”).

B. On January 4, 2016, the Plaintiff paid the Defendant the down payment of KRW 27,000,000,000, and the remainder amount of KRW 243,000,000 on February 25, 2016.

C. On February 25, 2016, the Defendant delivered the instant apartment to the Plaintiff.

On October 2017, before the expiration of the instant lease agreement, the Plaintiff sought refund of the deposit upon the expiration date of the contract, as there was no intent to renew the instant lease agreement to the Defendant from around October 2017.

E. On March 6, 2018, the Plaintiff delivered the instant apartment to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The judgment was based on the following facts: (a) the Plaintiff and the Defendant entered into the instant lease agreement; (b) the Plaintiff paid all the instant lease deposit; (c) the period of the instant lease agreement expires; and (d) the Plaintiff delivered the instant apartment to the Defendant around March 6, 2018, which was subsequent to the instant lease agreement period; (b) the instant lease agreement was terminated upon the expiration of the period; and (c) the Plaintiff fulfilled its duty of delivery upon the termination of the instant lease agreement.

I would like to say.

Therefore, barring special circumstances, the lessor, the Defendant, as the lessor, is the lessee, from March 13, 2018 to the day of complete payment, on the record that the Defendant received the original copy of the instant payment order claiming the payment of the lease deposit of this case from the date of receiving the claim for refund of the lease deposit.

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