임대차보증금
The defendant's KRW 200,000,000 for the plaintiff and 5% per annum from June 16, 2020 to July 24, 2020.
1. Facts of recognition;
A. On March 27, 2018, the Plaintiff entered into a lease agreement with the Defendant on the condition that the lease deposit is KRW 200 million for the lease deposit for the building C and D (hereinafter “instant officetel”) in Suwon-si, Suwon-si, and the lease term is set from April 30, 2018 to April 30, 2020 for the lease deposit (hereinafter “instant agreement”). The Plaintiff paid KRW 200 million to the Defendant by April 30, 2018.
B. On February 16, 2020, the Plaintiff notified the Defendant of the scheduled termination without renewal of the instant contract, which was one month before the expiration of the said lease.
C. Upon the expiration of the lease term and the Plaintiff’s request for return, the Plaintiff did not refund the lease deposit. On June 5, 2020, the Plaintiff completed the registration of the housing lease with respect to the instant officetel on June 15, 2020, and notified the Defendant of the entrance door password.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. According to the above findings of the determination as to the cause of the claim, the contract of this case was terminated on April 30, 2020 after the expiration of the period.
As such, the Defendant, a lessor, is obligated to pay to the Plaintiff a lease deposit of KRW 200 million and damages for delay calculated by the rate of 5% per annum prescribed by the Civil Act from June 16, 2020 to July 24, 2020, the delivery date of a copy of the instant complaint, from June 16, 2020 to July 24, 2020, and 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.