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(영문) 창원지방법원 2016.09.27 2015나10244
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

1. The following facts do not conflict between the parties, or may be recognized by taking into account each entry in Gap 1-3 and Eul 1 (including each number, if any) and the whole purport of the pleadings:

1) As between February 17, 2014 and April 25, 2014, the Plaintiff concluded a lease agreement and paid a lease deposit, and between February 17, 2014 to April 25, 2014, 20, 208, 1013, 1114, 1202, 1214, 1313, and 1413 (hereinafter “each apartment of this case”).

1) The term “instant lease agreement” refers to a contract under which a lessee intends to lease KRW 15,00,000 in total as the deposit amount (hereinafter “instant lease agreement”).

(2) From February 17, 2014 to April 20, 2014, the Plaintiff paid KRW 15,000,000 to the Defendant as a deposit for lease on four occasions.

B. The Defendant prepared a settlement statement and the Defendant’s delivery of apartment units of this case delegated the authority on the rental business of each apartment unit of this case to the Yang Branch Construction Construction Venture Office. On October 20, 2014 and November 17, 2014, the Plaintiff sent each apartment unit of this case to the Defendant on the following grounds: (a) from the head of the office of the above racing office and the head of the above branch office, the Plaintiff: (b) the amount calculated by deducting the unpaid rent and its late payment fee, the unpaid management fee and its late payment fee, and the unpaid gas and electric charges during the lease period; and (c) the amount calculated by deducting the unpaid gas and electric charges from the rental deposit amounting to KRW 2,611,590 in total; and (d) the Plaintiff later delivered each apartment unit of this case to the Defendant.

2. According to the determination on the cause of the claim under paragraph (1), barring any special circumstance, the Defendant shall pay 2,611,590 won remaining after deducting unpaid rents, etc. from the Plaintiff and damages for delay calculated at the rate of 20% per annum from May 15, 2015 to the date following the delivery of the copy of the complaint of this case sought by the Plaintiff.

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