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(영문) 춘천지방법원원주지원 2019.07.03 2019가단50900

임대차보증금

Text

1. The defendant shall pay 85,00,000 won to the plaintiff and 12% per annum from February 20, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On November 9, 2016, the Plaintiff entered into a lease contract with the Defendant for two years from December 16, 2016 to December 15, 2018 (hereinafter “instant lease contract”) with respect to the building listed in the attached list (hereinafter “instant apartment”), and paid a deposit deposit of KRW 85 million to the Defendant around December 16, 2016.

B. On October 2018, the Plaintiff notified the Defendant that he/she had no intent to renew the instant lease agreement, and the Defendant also notified the Plaintiff of the termination of the instant lease agreement on October 2, 2018 and on November 1, 2018.

C. On February 15, 2019, the Plaintiff delivered the instant apartment to the Defendant.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 2, 3, 6, 7 (including each number, if any) and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from February 20, 2019 to the day following the day of complete payment, which is the day when the copy of the complaint of this case was served to the Defendant, as the Plaintiff seeks from February 20, 2019 to the day when the copy of the complaint of this case was served to the Defendant. However, the Plaintiff is obligated to pay damages for delay calculated at the rate of 15% per annum under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019).

3. In conclusion, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as they are without merit.