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(영문) 청주지방법원 2020.01.16 2019가단7044

보증금반환

Text

1. The Defendant’s KRW 80,000,000 as well as the Plaintiff’s annual rate from July 23, 2019 to August 12, 2019, and the following.

Reasons

1. Facts of recognition;

A. On June 28, 2015, the Plaintiff: (a) leased approximately KRW 53.72 square meters (which was divided into E and F; hereinafter “the instant building section”) among approximately 4 floors of “D-based multi-family house with the wife population C” on the ground of the Defendant, Young-si; and (b) determined the lease deposit amount of KRW 80 million from June 28, 2015 to June 27, 2017, respectively (hereinafter “instant lease agreement”); and (c) around that time, the Plaintiff paid KRW 80 million to the Defendant the lease deposit.

B. The instant lease agreement was explicitly renewed around June 27, 2017, and its period was extended to June 27, 2019. The Plaintiff notified the Defendant of the refusal of the contract renewal around April 12, 2019.

C. On July 12, 2019, the Plaintiff completed the lease registration on the instant building with the Suwon District Court Decision 2019Kau110 (Seoul District Court 2019Kau10) and delivered the instant building portion to the Defendant around July 22, 2019.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 7 evidence (including all branch numbers in the case of additional number), the purport of the whole pleadings

2. According to the fact that the lease contract of this case was terminated on or after June 27, 2019, and barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the lease deposit amount of KRW 80 million and the damages for delay calculated at the rate of 5% per annum under the Civil Act from July 23, 2019 to August 12, 2019, the delivery date of the copy of the complaint of this case, from July 23, 2019 to the day of complete payment, and from the next day to the day of full payment, the damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings.

As to this, the Defendant asserts to the effect that the Plaintiff notified his agent G of the refusal to renew the lease of this case 10 days prior to the expiration of the lease of this case. The Defendant’s assertion to the effect that the lease of this case was renewed at an implied time on June 27, 2019, based on the aforementioned evidence.