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(영문) 의정부지방법원 2019.12.17 2019가단111622

임대차보증금

Text

1. The Defendant’s KRW 90,000,000 as well as 5% per annum from March 9, 2019 to May 7, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On February 22, 2016, the Plaintiff leased building D (hereinafter “instant real estate”) from the Defendant to the extent that the lease deposit was KRW 90 million and the lease term was April 17, 2018.

On April 27, 2018, although the above lease term expired, the plaintiff continued to use the real estate of this case without the defendant's objection, an implied renewal of the above lease term was made.

B. On September 17, 2018, the Plaintiff notified the Defendant of the termination of the contract as scheduled to leave the instant real estate by December of the same year.

C. On March 8, 2019, the Plaintiff removed from the instant real estate.

【Ground for Recognition: Each entry of Gap evidence Nos. 1 through 7

2. Where an implied renewal of a housing lease agreement has been made to determine the cause of the claim, the lessee may notify at any time the lessor of termination of the contract, and in such cases, the termination shall take effect three months after the date on which the lessor is notified of such termination.

(Article 6-2 of the Housing Lease Protection Act). Since it is apparent that the Plaintiff notified the Defendant, a lessor, of the termination of the contract on September 7, 2018, which was after an implied renewal of the instant real estate was made, and three months have elapsed thereafter, the said lease was lawfully terminated.

As the Plaintiff removed from the instant real estate on March 8, 2019, the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 12% per annum as stipulated in the Civil Act from March 9, 2019 to May 7, 2019, the delivery date of a copy of the instant complaint from March 9, 2019, which is the day following the date of the said eviction, 5% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Lawsuit before Amendment, from the following day to May 31, 2019, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Lawsuit after Amendment from the next day to the day of full payment.

3. The defendant's assertion and judgment are that the lease contract for the real estate of this case with the plaintiff on April 22, 2020.