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(영문) 부산지방법원 2020.02.06 2019가단311770

임대차보증금

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1. The Defendant: (a) KRW 200,000,000 for the Plaintiff and 5% per annum from October 1, 2015 to April 15, 2019; and (b).

Reasons

1. Facts of recognition;

A. On July 7, 2014, the Defendant leased the Plaintiff the land and buildings of the Dong-gu Busan Metropolitan City as KRW 700,000,000, monthly rent, KRW 15,000,000, and the period of KRW 24 months.

B. The above lease agreement was concluded around July 2015.

On July 3, 2015, the Defendant agreed to return KRW 700,000,000 as lease deposit by September 30, 2015.

After that, the defendant returned 500,000,000 won out of the lease deposit.

[Reasons for Recognition: Facts without dispute, Gap 1 and 3 evidence, purport of the whole pleadings]

2. Determination

A. Pursuant to the agreement made on July 3, 2015, the Defendant is obligated to pay to the Plaintiff the amount of KRW 200,000,000 that was not returned and the damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act from October 1, 2015 to April 15, 2019, which is the day following the due date of repayment of the complaint, and 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

B. Although the Defendant settled the unpaid rent and agreed to pay KRW 150,000,000 to the Defendant’s security deposit to be returned, the Defendant’s assertion is without merit, since there is no evidence to acknowledge the above assertion.

3. The plaintiff's claim for conclusion is justified and accepted.