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(영문) 서울중앙지방법원 2015.10.16 2015나9829
임대차보증금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The Plaintiff: (a) around September 21, 2007, leased from the Defendant the entire amount of KRW 49.85 square meters in Suwon-si C’s underground floor at KRW 10.85 square meters; and (b) around that time, the Plaintiff paid the security deposit to the Defendant; (c) the said lease agreement was terminated by agreement between the Plaintiff and the Defendant; and (d) the fact that the Plaintiff delivered the leased object to the Defendant on December 23, 2014 at the latest by the Plaintiff was no dispute between the parties; and (e) the fact that the leased object was returned to the Defendant is the fact that the Plaintiff returned KRW 7

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 3 million (i.e., KRW 10 million - KRW 7 million) and to pay damages for delay at each rate of KRW 5 percent per annum prescribed by the Civil Act from December 24, 2014 to June 8, 2014, which is clear that the date the copy of the complaint of this case was served on the Defendant from the date of delivery of leased objects to the Plaintiff (i.e., KRW 10 million - KRW 7 million) and 20% per annum as stipulated by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the

Although the defendant has a defense that he returned the full amount of the deposit, it is not sufficient to recognize only the descriptions of evidence Nos. 2, 3, 4, and 5, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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