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(영문) 수원지방법원 평택지원 2018.02.23 2017가단60695
보증금반환
Text

1. The Defendant’s KRW 70,000,000 as well as 5% per annum from December 21, 2016 to October 27, 2017 to the Plaintiff.

Reasons

In light of the facts in the arguments, the Plaintiff entered into a lease contract with the Defendant on July 26, 2012, with each of the following facts: (a) as to the third floor No. 305 (hereinafter “the instant house”) of Pyeongtaek-si No. Ba-dong No. 305 (hereinafter “the instant house”), the occupant is Nonparty C; (b) deposit is KRW 70 million; (c) the lease period is from September 10, 2012 to September 9, 2014; (d) the lease contract was concluded with each of the set periods from September 10, 2012 to September 29, 2014; (e) the period of the lease contract was extended from September 10, 2014 to September 9, 2016; (e) the Plaintiff and C paid the Defendant the entire amount of the lease deposit to the Plaintiff, including the return of the lease deposit to the Plaintiff, and (e) the Defendant delayed to return the lease deposit to the Plaintiff.

According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 70,000,000 and damages for delay at the rate of 5% per annum from December 21, 2016 to October 27, 2017, which is the delivery date of a copy of the complaint in this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

In regard to this, the defendant's creditor cannot return the security deposit by setting up the seizure, and the defendant's claim that the security deposit can be returned if the real estate price is erroneous at the end of the year 2018.

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