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(영문) 대전지방법원천안지원 2019.05.24 2019가합100663

임대차보증금

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1. The Defendant’s KRW 320,000,000 as well as the Plaintiff’s annual interest from January 8, 2019 to February 7, 2019, and the following.

Reasons

1. Facts of recognition;

A. On November 20, 2014, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the Defendant, whereby the Defendant agreed to lease the Plaintiff at KRW 320,000,00, respectively, with the period of lease from January 7, 2015, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, the period of lease from January 7, 2015, and KRW 320,000.

The Plaintiff paid KRW 320,000,000 to the Defendant around that time.

B. Even after the lease term expires on January 7, 2017, the Plaintiff continued to use and benefit from the leased object, and it was implicitly renewed as the Defendant did not object thereto.

C. On September 2018, the Plaintiff notified the Defendant of the termination of the lease agreement, and on January 4, 2019, returned the leased object to the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. According to the facts found above, the lease contract of this case is deemed to have been lawfully terminated on or around December 2018 after three months after the notice of termination was given by the Plaintiff’s notice of termination (Article 6-2 of the Housing Lease Protection Act). As such, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from January 8, 2019 to February 7, 2019, the delivery date of the original copy of the payment order of this case, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.