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(영문) 수원지방법원안산지원 2019.03.21 2018가합1183

임차보증금반환

Text

1. The Defendant shall pay to the Plaintiff KRW 280 million with 15% per annum from November 29, 2018 to the day of complete payment.

Reasons

Facts of recognition

On November 9, 2015, the Plaintiff leased the apartment complex D (hereinafter “instant apartment”) from the Defendant as KRW 270 million without monthly rent, and the term “from January 26, 2016 to January 26, 2018,” and paid the down payment of KRW 27 million to the Defendant on January 26, 2016. On the same day, the Plaintiff paid the remainder amount of KRW 243 million to the Defendant on December 7, 2017, and the remainder amount of KRW 200 million to KRW 108,000,000,000,000,000 to KRW 300,000.

On November 24, 2018, after the expiration of the extended lease term, the Plaintiff was a director in the instant apartment.

[Ground of recognition] In light of the fact that there is no dispute, Gap 1, 2, and 3's each statement, and the purport of the whole pleading, the above fact of recognition is that the lease contract of the apartment of this case by the plaintiff and the defendant is terminated at the expiration of the term. Thus, the defendant as the lessor is obligated to pay to the plaintiff as the lessee the delay damages calculated at the rate of 15% per annum from November 29, 2018 to the day after the delivery date of the copy of the complaint of this case to the day after the completion date of delivery of the plaintiff, as requested by the plaintiff.

In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.