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(영문) 수원지방법원 2020.12.24.선고 2020가단541805 판결

임대차보증금

Cases

200da 541805 Lease Deposit

Plaintiff

A

Law Firm Maritime Co., Ltd.

[Defendant-Appellant]

Defendant

B

Conclusion of Pleadings

December 3, 2020

Imposition of Judgment

December 24, 2020

Text

1. The defendant shall pay to the plaintiff 20 million won with 5% interest per annum from June 16, 2020 to July 24, 2020, and 12% interest per annum from the next day to the day of full payment.

2. The costs of the lawsuit are assessed against the defendant.

3. Paragraph 1 can be provisionally executed.

Purport of claim

The same shall apply to the order.

Reasons

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 “the instant officetel”) in Suwon-si, Suwon-si, and for the lease period from April 30, 2018 to April 30, 2020 for the lease deposit (hereinafter “instant contract”). The Plaintiff paid KRW 200 million to the Defendant by April 30, 2018.

B. On February 16, 2020, one month before the end of the pertinent lease, the Plaintiff notified the Defendant of the scheduled termination without renewal of the instant contract. Upon the expiration of the lease term and the Plaintiff’s request for return, the Defendant did not refund the lease deposit. On June 5, 2020, the Plaintiff completed the registration of the housing lease on the instant officetel on June 15, 2020, and sent the door door password to the Defendant.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination as to the cause of action

According to the above facts, since the contract of this case was terminated on April 30, 2020, the expiration date of the contract of this case. Thus, the lessor's defendant is obligated to pay to the plaintiff 200 million won of lease deposit and its delay damages calculated at the rate of 5% per annum as prescribed by the Civil Act from June 16, 2020 to July 24, 2020, the delivery date of the copy of the complaint of this case, from the next day to the day of full payment, to the day of delivery of the copy of the complaint of this case.

3. Conclusion

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

Judges

Judges Cho Jin-hee