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(영문) 춘천지방법원원주지원 2020.09.11 2020가단51466

임대차보증금

Text

1. The Defendant’s KRW 82,00,000 as well as 5% per annum from October 30, 2018 to February 27, 2020 to the Plaintiff.

Reasons

Comprehensively taking account of the overall purport of the pleadings as indicated in the evidence Nos. 1 through 7, 8-1, and 2, the Plaintiff: (a) on October 30, 2015, the Plaintiff: (b) concluded a lease agreement once again from the Defendant to October 29, 2015; (c) determined the lease deposit amount of KRW 75,000,000; and (d) from October 30, 2015 to October 29, 2017, the lease deposit of KRW 7,000,000 increased on October 25, 2017; and (d) provided that the Plaintiff and the Defendant did not have any obligation to renew the lease agreement once from October 30, 2017 to October 29, 2018; and (e) provided that the Plaintiff did not have any obligation to renew the lease deposit to the Defendant; and (e) provided that the Plaintiff did not have any special circumstance to the Plaintiff before the expiration of the lease deposit.

In regard to this, the defendant defense that the plaintiff still resides in the leased object as well as the plaintiff's eviction, but the fact that the plaintiff has already left the leased object before the expiration of the lease period is identical as seen earlier, and therefore, the defendant's defense is without merit, and the defendant is liable to pay to the plaintiff 82,00,000 won of the lease deposit and the damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from October 30, 2018 to February 27, 2020, which is the day following the expiration of the lease period, and from February 27, 2020 to the day following the expiration of the lease period.

The plaintiff's request is accepted.