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(영문) 서울중앙지방법원 2015.09.10 2015가단97566

임대차보증금

Text

1. The Defendant’s KRW 27,00,000 as well as the Plaintiff’s annual rate from March 24, 2015 to May 12, 2015, and the following.

Reasons

1. Facts of recognition;

A. On March 23, 2012, the Plaintiff entered into the following lease agreements with the Defendant, and paid KRW 27,000,000 to the Defendant on the same day.

- Indication of an object: B building B, Gangseo-si C, SWET type (individual): 27,00,000 won: The lease period: three years from the date the full deposit is paid; the defendant shall return the full deposit paid by the plaintiff at the expiration of the contract; and if both parties raise no objection within 30 days from the expiration date of the contract, the contract shall be extended under the same conditions.

B. Before March 23, 2015, the Plaintiff requested the Defendant to return the deposit upon the termination of the contract. On March 23, 2015, the Plaintiff sent a content-certified mail demanding the Defendant to return the deposit.

[Reasons for Recognition] Evidence No. 1, Evidence No. 1, 2-1, and 2, the purport of the whole pleadings

2. Determination:

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff a deposit of KRW 27,00,000 as well as damages for delay calculated at the rate of 5% per annum under the Civil Act from March 24, 2015 to May 12, 2015, which is clear that it is the delivery date of a copy of the instant complaint from March 24, 2015, and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

B. The defendant merely denies the plaintiff's cause of claim, but did not provide specific arguments and evidences, and thus, the defendant's argument is rejected.

3. Therefore, the plaintiff's claim is justified.