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(영문) 대전지방법원 2016.08.09 2016가단14581
임차보증금반환
Text

1. The Defendant’s KRW 80,000,000 as well as 5% per annum from March 28, 2016 to April 19, 2016 to the Plaintiff.

Reasons

On March 8, 2014, the Plaintiff entered into a lease agreement (hereinafter “the lease agreement in this case”) with the Defendant on the lease deposit amounting to KRW 80,000,000 and KRW 403,00 (hereinafter “the apartment in this case”) from March 28, 2014 to March 27, 2016. Since there is no dispute between the parties on the delivery of the apartment in this case to the Defendant on March 27, 2016, the Defendant is obligated to pay the Plaintiff the lease deposit amounting to KRW 80,00,000,000 and the Plaintiff’s delivery of the apartment in this case from March 28, 2016 to the delivery date of the authentic copy of the payment order in this case, and the damages for delay by 15% per annum from the day following the day the original payment order in this case was delivered to the Defendant.

Therefore, the defendant asserts that the plaintiff could not refund the above lease deposit until the plaintiff restores it to its original state because the plaintiff severely damaged the remote area and the scam, etc. of the apartment of this case. However, there is no evidence to acknowledge it, and the above assertion by the plaintiff is without merit.

If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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