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(영문) 부산지방법원동부지원 2019.10.29 2019가단472
전세보증금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 12% per annum from January 29, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On April 21, 2018, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 40,000,000, and the term of April 20, 2020, between the Plaintiff and the Defendant (hereinafter “instant lease agreement”).

The Plaintiff paid 40,000,000 won to the Defendant, and the Defendant delivered the instant building to the Plaintiff.

B. On September 6, 2018, F, who was attached to the Plaintiff, and was residing in the instant building, sent a content-certified mail that terminates the instant lease agreement and seeks to return the lease deposit (hereinafter “content-certified mail”) on the ground that the Defendant could not reside in the instant building due to water leakage, etc.

In other words, among the content-certified mail of this case, the content-certified mail of this case includes "I are in a situation in which I can no longer live in all life areas due to the lack of face and pulmonary difficulty in moving into the house so far at the time of moving into the house concerned. I can say that "I are in a situation in which I can no longer live without turning the sunlight, etc. at night."

C. On October 16, 2018, D, the Defendant’s attached, and the actual owner of the instant building, prepared a payment note stating that “D will return KRW 40,000,000 on a deposit basis” (hereinafter “instant payment note”) on December 15, 2018, and deliver it to the Plaintiff.

Plaintiff

The side delivered the building of this case to the defendant around that time.

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

2. Determination

A. 1) A lessor is obligated to maintain the conditions necessary for the use and profit-making during the existence of a contract (Article 623 of the Civil Act). However, the purport of the entire pleadings is as follows.

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