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(영문) 의정부지방법원고양지원 2019.12.19 2019가단90346
임대차보증금
Text

1. The Defendant’s KRW 76,502 as well as the Plaintiff’s annual rate of KRW 5% from August 30, 2019 to December 19, 2019.

Reasons

1. Basic facts

A. On June 8, 2017, the Plaintiff entered into a lease agreement between the Defendant and the Defendant to lease the lease deposit amount of KRW 8 million, term of lease from July 20, 2017 to July 19, 2019 (hereinafter “instant lease agreement”), and paid the lease deposit to the Defendant.

B. On July 10, 2018, the Plaintiff retired from the instant real estate, and received the order of lease registration on July 26, 2019 (this Court 2019Kao5113), and transferred the instant real estate to the Defendant on August 22, 2019.

C. Meanwhile, on August 16, 2019, the Defendant borrowed KRW 8 million from a bank, and the Plaintiff and the Defendant exchanged the opinions through a licensed real estate agent for the refund of deposit upon the termination of the instant lease agreement. The Plaintiff demanded that the Plaintiff pay KRW 4,820,00,00 in total, including KRW 330,000,000, interest, KRW 1,000,000,000, and KRW 400,000,000,000,000,000,000,000,000,000,000,000, and KRW 50,000,000,000.

On August 29, 2019, the Defendant deposited the Plaintiff as the principal deposit, with the Busan District Court Branch No. 1668, 2019, the lease deposit amount of KRW 8 million.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the lease contract of this case terminated upon the expiration of the term of validity, barring special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from August 23, 2019 to the date of full payment, after the Plaintiff delivered the real estate of this case, to the Plaintiff.

3. Judgment on the defendant's defense of payment

A. The defendant shall make a deposit for performance to all his obligations.

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