beta
(영문) 수원지방법원 2017.06.29 2016가단553429

임대차보증금반환

Text

1. The Defendant’s KRW 40,000,000 and the Plaintiff’s annual rate of KRW 5% from May 19, 2016 to March 23, 2017.

Reasons

1. Indication of claim;

A. From March 20, 2014, the Plaintiff leased subparagraph 202 (hereinafter “instant building”) among the buildings of 4th floor in Daegu-gu C, Daegu-gu (hereinafter “instant building”) with the lease deposit amount of KRW 70 million from March 27, 2014 to March 26, 2016 (hereinafter “instant lease agreement”), and paid KRW 70 million to B with the lease deposit amount of KRW 70 million on March 20, 2014, and KRW 30 million on March 27, 2014.

B. On July 23, 2014, the Defendant: (a) completed the registration of ownership transfer for the instant building on July 23, 2014; and (b) agreed with the Plaintiff and B to succeed to the lessor’s status under the instant lease agreement.

C. The instant lease agreement expired on March 26, 2016, and the Plaintiff delivered the instant building to the Defendant on May 18, 2016.

Therefore, the defendant is obligated to pay to the plaintiff the amount of KRW 40 million, excluding the amount of KRW 30 million paid from the defendant among KRW 70,000,000 and damages for delay calculated at each rate of 5% per annum as stipulated by the Civil Act from May 19, 2016 to March 23, 2017, the delivery date of a copy of the application for the payment order in this case, from May 19, 2016 to the delivery date of the copy of the application for the payment order in this case, and 15% per annum as stipulated by the Act on Special Cases Concerning Expedition,

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).