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(영문) 광주지방법원 2016.12.13 2016가단35630
임대차보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 15% per annum from September 13, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On April 2012, the Plaintiff leased Gwangju Northern-gu C, 202 (hereinafter “instant real estate”) from the Defendant for 25,000,000, and for 24 months from April 29, 2012 to April 28, 2014 (hereinafter “instant lease agreement”). At the time of the conclusion of the instant lease agreement, the Plaintiff paid KRW 25,000,000 to the Defendant.

B. The Plaintiff delivered the instant real estate to the Defendant after the expiration of the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant lease contract has expired on April 28, 2014, and barring any special circumstance, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum from September 13, 2016 to the date of delivery of the original copy of the instant payment order, as the Plaintiff seeks.

3. The Defendant’s argument regarding the Defendant: (a) stated to the effect that the Plaintiff would pay the lease deposit if he/she seeks a new lessee around April 2016; and (b) that the Plaintiff’s claim in this case was groundless; (c) however, there is no evidence to acknowledge that the Plaintiff had suspended the payment of the lease deposit until the new lessee would have become a new lessee. Therefore, the Defendant’

4. The conclusion is that the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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