(영문) 의정부지방법원 2014.07.23 2014가단12751

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(영문) 의정부지방법원 2014.07.23 2014가단12751

임대차보증금

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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 20% per annum from December 18, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 12, 2011, the Plaintiff concluded a lease agreement with the Defendant to lease the instant real estate C’s (hereinafter “instant real estate”) from the Defendant, setting the rental deposit amount of KRW 40,000,000, and the term of lease from January 12, 201 to March 28, 2013.

B. The Plaintiff paid the above security deposit to the Defendant, received the instant real estate from the Defendant, and used it as a residence until the termination date of the said lease, and made a move-in report on January 13, 201, and obtained a fixed date in the lease contract.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. According to the facts acknowledged above, the lease contract of this case was terminated upon the expiration of the term, barring any special circumstance, and thus, the defendant is obligated to pay the Plaintiff the above lease deposit amount of KRW 40,000,000 and damages for delay.

In regard to this, the defendant's assertion that the plaintiff was unable to respond to the plaintiff's claim before receiving compensation because the defendant sold the real estate of this case to a third party or was unable to conclude a lease contract due to the plaintiff's cause attributable to the plaintiff, and thus, the plaintiff suffered damages in total of 85,828,624 won. However, the defendant's assertion that the plaintiff cannot respond to the plaintiff's claim before receiving compensation is insufficient to recognize it, and there is no other evidence to acknowledge it. Thus,

Therefore, the defendant is obligated to pay to the plaintiff 40 million won with 20% interest per annum from December 18, 2013 to the day of complete payment, which is the day following the delivery day of the original copy of the payment order in this case.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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