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(영문) 인천지방법원 2013.07.17 2013가단40437
임차보증금등
Text

1. The Defendant shall pay to the Plaintiff KRW 28,503,610 as well as 20% per annum from April 17, 2013 to the day of complete payment.

Reasons

Facts of recognition

The following facts shall not be disputed between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the statements in Gap 1, 3, and 4:

On June 26, 2009, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 50 million and monthly rent of KRW 400,000 (hereinafter “instant lease agreement”).

The Plaintiff paid a lease deposit to the Defendant pursuant to the instant lease agreement, and commenced possession of the instant apartment from July 12, 2009 upon delivery.

On May 30, 2012, the Defendant paid KRW 2 million out of the lease deposit to the Plaintiff.

On February 18, 2013, the Defendant leased the instant apartment to D with KRW 20 million, monthly rent of KRW 750,000,000. On March 17, 2013, the Plaintiff received KRW 20 million, out of the lease deposit from the Defendant, and delivered the instant apartment to the Defendant.

With respect to the instant apartment, the money paid by the Plaintiff as long-term repair appropriations from July 12, 2009 to March 13, 2013 is KRW 503,610.

Judgment

According to the above facts, the defendant is obligated to pay to the plaintiff the total amount of KRW 28,00,000 for unpaid lease deposit and KRW 28,503,610 for long-term repair appropriations paid by the plaintiff on behalf of the defendant, and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 17, 2013 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order to the defendant.

The judgment of the defendant on the defendant's assertion is unfair, and if the whole price of the apartment of this case is lowered, the defendant shall pay 2 million won as interest to the plaintiff by agreement with the plaintiff who did not hold office due to the decline of the whole price of the apartment of this case, and the plaintiff shall be paid 1 year thereafter, and if one year has not passed, the claim of this case is made in advance and 2 million won, if not claimed after one year.

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