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(영문) 광주지방법원순천지원 2020.07.07 2019가단83530

임대차보증금반환청구의 소

Text

1. The defendant shall pay 80,000,000 won to the plaintiff and 12% per annum from January 4, 2020 to the day of complete payment.

Reasons

In full view of the respective descriptions of evidence Nos. 1 through 3 and the overall purport of the pleadings, the Defendant: (a) leased the part of convenience stores on the first floor (the inside of the building) of the D-Ground D-si Building (hereinafter “the instant object”); (b) leased the instant object to the Plaintiff on September 1, 2018 by setting the lease deposit amount of KRW 80,000,000 from September 1, 2018 to August 31, 2023; and (c) as a special agreement, the lessee terminated the contract without any condition and deliver the building to the lessor on September 1, 2018.

The phrase “4. Sub-lease (B) determined that the deposit (money sale0 million won) shall be returned to the sub-lease (A) upon the expiration of the contract, and that the Defendant succeeded to the deposit amount of KRW 80 million paid by the Plaintiff to the previous sub-lease. However, if the lease contract was terminated on March 13, 2020 on the grounds that the Defendant’s delayed payment of rent, etc. was the lessee, C, a lessor of the object of this case, requested the Plaintiff to remove by March 20, 2020, and the fact that the Plaintiff delivered the object of this case to C, a lessor, the lessor, respectively.

Therefore, the Defendant, who is a sub-lease of the subject matter of this case, is obligated to pay to the Plaintiff the amount of KRW 80,000,000 for the deposit for the lease deposit and the damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 4, 2020 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case, pursuant to paragraph (4) of the special agreement, so