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(영문) 서울남부지방법원 2018.02.02 2017가합112547
보증금반환
Text

1. As to KRW 281,092,740 among the Plaintiff and KRW 280,000 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 280,000 from November 4, 2017 to November 24, 2017.

Reasons

1. Indication of claim;

A. Of the Plaintiff’s respective claims against the Defendant regarding the part of the lease deposit, long-term repair appropriations, and the expenses related to the registration of lease, the part of the Plaintiff’s claims for partial dismissal as follows are indicated as the grounds for the claim.

B. Determination 1 on each claim for damages for delay of lease deposit is obligated to pay 5% per annum as stipulated in the Civil Act from November 4, 2017 to November 24, 2017, which is the day following the date when the Plaintiff delivered the real estate of this case to the Defendant, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment. 2) As to the long-term repair appropriations and the delayed payment of expenses related to the registration of lease, the Plaintiff claimed for payment of 392,740 won for long-term repair appropriations, and 700,000 won for expenses related to the registration of lease, respectively, from November 4, 2017 to the day on which the Plaintiff delivered the real estate of this case to the Defendant, and as such, the Defendant is liable for delay from the day following the day on which the Plaintiff’s declaration of intent to exercise the above claim is made.

Ultimately, the defendant is obligated to pay to the plaintiff 392,740 won for long-term repair appropriations and 700,000 won for expenses related to the registration of lease and long-term repair appropriations at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 25, 2017 to the date of complete payment, which is the day following the day of service of a copy of each complaint of this case. The part exceeding the above scope among the plaintiff's claims for delay compensation for the expenses

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

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