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(영문) 서울남부지방법원 2015.03.25 2014가단59303

임대차보증금

Text

1. The defendant shall pay 35,00,000 won to the plaintiff and 20% per annum from September 6, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On June 11, 2013, the Plaintiff leased from the Defendant a lease deposit of KRW 35 million, and the period from August 19, 2013 to August 18, 2015, the deposit was paid to the Defendant.

B. On February 11, 2014, on April 23, 2014, the Plaintiff demanded the Defendant to terminate the said lease agreement due to the following problems: (a) around April 6, 2014, the Plaintiff handed over the instant house; (b) accordingly, the Defendant concluded a lease agreement with Nonparty D on July 23, 2014.

[Ground of recognition] Evidence No. 1, Evidence No. 2-1, Evidence No. 2-2, Evidence No. 2-1, and 2-2, and the purport of the whole pleadings

2. According to the fact of the above recognition, the lease agreement on the instant housing was concluded on July 23, 2014.

Therefore, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 20% per annum from September 6, 2014 to the day of full payment, as requested by the plaintiff, which is the day following the delivery of a copy of the complaint of this case, to the day of full payment.

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