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(영문) 창원지방법원 2019.11.14 2018나4752
임대차보증금반환
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. Facts of recognition;

A. On December 29, 2015, the Plaintiff entered into a lease agreement with the Defendant regarding D, E, and F among the three-story detached housing owned by the Defendant, Kimhae-si (hereinafter “instant leased object”) from December 30, 2015 to December 31, 2016, with the lease term of KRW 15,000,000, monthly rent of KRW 950,000 (hereinafter “instant lease agreement”), and paid the Defendant the full amount of the lease deposit to the Defendant on the date of the contract.

B. On December 22, 2016, the Plaintiff delivered the leased object of this case to the Defendant.

C. On January 10, 2017, after the expiration of the above lease term, the Defendant returned KRW 5,000,000 to the Plaintiff out of the lease deposit, which was appropriated in order of the interest and principal of the lease deposit, and the lease deposit remaining after appropriation is KRW 10,020,547.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated on December 31, 2016 at the expiration of the period.

Therefore, the Defendant, a lessor, is obligated to pay to the Plaintiff, a lessee, the balance of deposit KRW 10,020,547 as the repayment of deposit, and damages for delay calculated at the rate of 5% per annum under the Civil Act from January 11, 2017 to June 4, 2018, which is the date of delivery of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. Judgment on the defendant's assertion

A. The damage of the leased object claimed by the Defendant is 290,000 won for the replacement of the floor of Fho Lake 460,000 won for the replacement of the videophone 40,000 won for the videophone 290,000 won for the replacement of the laund 2,80,000 won for the replacement of the laund 2,000 won for the laund laund 180,000 won for the replacement of the laund laund 187,000 won for the laund Dob 310,000 won for the Edo Dob 310,000 won for the replacement of the laund 250,000 won for the replacement of the lave laund 20,000 won for the laund laund 120,000 won for the replacement of the laund laund 120,000 won.

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