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(영문) 전주지방법원 2019.09.05 2019가단359

임대차보증금

Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 12% per annum from April 11, 2019 to the date of complete payment.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 through 3 and evidence Nos. 9-2 and 3 as to the cause of the claim, the plaintiff entered into a lease contract with the defendant on September 23, 2016, setting the lease deposit amount of 50 million won and the lease deposit of 3rd floor C (hereinafter "the instant house") from among buildings listed in the attached list owned by the defendant, from October 8, 2016 to October 8, 2018 (hereinafter "the instant lease contract"). It is evident that the plaintiff transferred the instant house to the defendant by paying the above lease deposit amount of 50 million won to the defendant until October 8, 2016, the plaintiff notified the defendant of the lease deposit amount of 30 million won, and it is evident that the plaintiff transferred the instant house to the defendant on September 9, 2018 by notifying the defendant of the expiration of the lease contract term from the entrance.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum from April 11, 2019 to the day of full payment, which is the day following the delivery date of the application for modification of the claim and the cause of the claim of this case, as the Plaintiff’s claim for damages for delay calculated from April 11, 2019 to the day of full payment.

2. The judgment on the Defendant’s assertion was not received text messages sent by the Plaintiff to the Defendant on September 9, 2018, and the Plaintiff did not notify the termination of the contract until the month when the lease contract expires. Accordingly, the instant lease contract was automatically renewed and its period has not expired. Therefore, the Plaintiff is the Defendant.