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(영문) 서울중앙지방법원 2015.09.23 2015가합507329

임대차보증금

Text

1. The defendant shall pay to the plaintiff KRW 5,811,643 and the amount of KRW 4,00,000 among them, from March 18, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 18, 2012, the Plaintiff leased the lease deposit of KRW 125 million from May 24, 2012 to May 23, 2014 (the instant lease agreement between the Plaintiff and the Defendant) by setting the lease deposit of KRW 125 million (the instant lease agreement between the Plaintiff and the Defendant), and paid KRW 125 million to the Defendant.

B. Around April 2014, the Plaintiff notified the Defendant that he would not renew the instant lease agreement, and delivered the instant house on November 28, 2014.

C. The Defendant returned to the Plaintiff KRW 100 million on March 13, 2015, and KRW 21 million on March 17, 2015, among the instant lease deposit.

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

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 4 million due; ② the amount of KRW 125 million due to the lease deposit: from November 29, 2014 to March 13, 2015, the amount of KRW 1797,945 won calculated by the rate of 5% per annum prescribed by the Civil Act (i.e., KRW 125 million x KRW 125 million x KRW 105/365 x below KRW 50,000 x below KRW 365 x (ii) the amount of delay compensation calculated by the Defendant’s payment of KRW 250 million to the Plaintiff on March 13, 2015 x KRW 350,500,000,000 calculated annually from March 14, 2015 to KRW 3615 x 45,505,000,00 won due to the amount of the lease deposit (i.

3. The defendant's argument regarding the defendant's assertion of this case is decided by the plaintiff.