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(영문) 서울중앙지방법원 2014.10.17 2014가단83713

임대차보증금

Text

1. The Defendant’s KRW 40,000,00 for the Plaintiffs and 5% per annum from July 1, 2014 to October 17, 2014, respectively.

Reasons

1. Facts of recognition;

A. On January 5, 2012, the Plaintiffs: (a) leased from the Defendant a deposit of KRW 40,000,000; and (b) from January 30, 2012, the period from January 30, 2012, an underground floor No. 33 square meters (hereinafter “instant house”) among the two-story houses owned by the Defendant of Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City (hereinafter “instant house”).

B. The Plaintiffs paid the Defendant a deposit of KRW 40,000,000 to the Defendant and resided in the instant housing, and were directors of Gangseo-gu Seoul Metropolitan Government E building and KRW 301 around June 30, 2014.

[Reasons for Recognition] The entry of Gap's evidence Nos. 1 through 7, the purport of the whole pleadings

2. The instant lease agreement, based on the determination on the cause of the claim, was terminated on January 30, 2014 at the expiration of the period.

On the other hand, according to the above facts, the plaintiffs should have delivered the house to the defendant around June 30, 2014.

Therefore, the Defendant is obligated to refund the lease deposit amount of KRW 40,00,000 to the Plaintiffs. In addition, from July 1, 2014 on the day following the delivery date of the instant house, the Defendant is obligated to pay damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from the day following the delivery date of the instant house to October 17, 2014, which is a considerable decision date, and at the rate of 20% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. Some of the plaintiffs' claims are accepted.