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(영문) 서울중앙지방법원 2020.11.20 2018가단5275409

보증금반환

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1. The Defendant’s KRW 50,89,400 and its amount shall be 5% per annum from November 1, 2018 to November 20, 2020 to the Plaintiff.

Reasons

1. The Plaintiff: (a) around September 4, 2015, leased a lease deposit amount of KRW 50,000,000 (excluding value-added tax), monthly rent of KRW 2,000,000 (excluding value-added tax), and from October 1, 2015 to September 30, 2017, the Plaintiff paid KRW 50,000,000 to the Defendant around that time.

From October 1, 2017 to September 30, 2018, the above lease term was renewed once from October 1, 2017 to September 30, 2018. On October 22, 2018, the Defendant, who did not reach an agreement with the Plaintiff on the increase of rent, sent content-certified mail containing notification of the termination of the lease agreement to the Plaintiff and requesting the Plaintiff to retire from the instant real estate until October 30, 2018.

Accordingly, the Plaintiff transferred the instant real estate to the Defendant on October 30, 2018, after performing the restoration work for the instant real estate through the interior work business operator.

The Plaintiff paid 899,400 won for long-term repair appropriations for the instant real estate during the aforementioned lease period.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-8 (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, since the lease contract between the Plaintiff and the Defendant on the instant real estate has been terminated, the Defendant is obligated to pay to the Plaintiff a total of 50,899,400 won for lease deposit and long-term repair appropriations (i.e., lease deposit of KRW 50,00,000 for long-term repair appropriations of KRW 89,400) and damages for delay calculated at each rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 1, 2018, which is the date following the delivery of the instant real estate, where it is deemed reasonable for the Plaintiff to dispute as to the existence or scope of the Defendant’s obligation to perform, from November 1, 2018 to November 20, 2020, which is the date of this decision, and the next day

The plaintiff's damages for delay are recognized as above.