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(영문) 대구지방법원포항지원 2020.04.23 2019가합11871

임대차보증금

Text

1. The defendant shall pay 235,00,000 won to the plaintiff and 12% per annum from January 23, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. On March 31, 2017, the Plaintiff entered into a lease agreement between the Defendant and the Defendant to lease the North-gu C Building D (hereinafter “instant real estate”) with the lease deposit of KRW 235,000,000, and the lease term of KRW 235,000, and from April 25, 2017 to April 24, 2019 (hereinafter “instant lease agreement”), and around that time, paid the lease deposit to the Defendant.

B. From January 8, 2019, the Plaintiff notified the Defendant of the purport that he/she does not want to renew the lease contract by sending the word “I will add a director” to the Defendant.

C. On April 30, 2019, the Plaintiff’s registration is based on the order of lease registration (this Court No. 2019Kao 1024) and is now out of the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the facts seen earlier prior to the determination on the cause of the claim, the instant lease agreement expired, and the Plaintiff delivered the instant real estate to the Defendant. As such, the Defendant is obligated to pay to the Plaintiff the amount of KRW 235,000,000 as lease deposit and delay damages calculated at the rate of 12% per annum from January 23, 2020 to the day of full payment following the delivery of the copy of the instant complaint.

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