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(영문) 서울중앙지방법원 2016.04.26 2016가단5032363

전세보증금반환

Text

1. The Defendant’s KRW 125,00,000 as well as 5% per annum from February 21, 2016 to February 26, 2016 to the Plaintiff, and the following.

Reasons

1. Facts of recognition;

A. On December 3, 2013, the Plaintiff leased (a) No. 202 of the Gwanak-gu Seoul Special Metropolitan City Land Building C, which is owned by the Defendant, as KRW 125 million, and (b) 24 months from December 27, 2015 to December 26, 2015, the lease deposit was paid to the Defendant by December 27, 2015.

B. The said lease agreement was terminated on December 27, 2015, and the period of termination has expired, and the Plaintiff was a director on February 20, 2016 and delivered the said leased house to the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-4, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 125 million for lease deposit upon the termination of the lease agreement and the amount of delay damages calculated at the rate of 5% per annum under the Civil Act from February 21, 2016 to February 26, 2016, the day following the delivery date of the complaint from February 21, 2016, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

The plaintiff's claim is justified and accepted.