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(영문) 대구지방법원김천지원 2017.06.14 2016가단7803
임대차보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 16,00,000 and the interest rate of KRW 15% per annum from January 18, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On May 27, 2012, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with C under the term of KRW 26 million as to the Gu-Si D Do 207 (hereinafter “the instant building section”) owned by C, and the term of lease from May 30, 2012 to May 30, 2014 (the term of lease extended from May 1, 2016 to June 1, 2016) (hereinafter referred to as “instant lease agreement”). On May 29, 2012, the Plaintiff received the instant building portion from C.

B. On April 30, 2015, the Defendant concluded a sales contract for the instant building portion with C, and completed the registration of ownership transfer in the name of the Defendant on May 12, 2015.

C. On August 29, 2016, the Plaintiff delivered the instant building portion to the Defendant.

On March 21, 2017, the Defendant repaid the Plaintiff KRW 10 million out of the above KRW 26 million.

[Reasons for Recognition] Each entry in Gap evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. According to the facts of the above recognition, it is reasonable to view that the instant lease agreement was terminated on June 1, 2016, and the Defendant succeeded to the lessor status under the said lease agreement from C. Thus, the Defendant is obliged to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 18, 2017 to the date of delivery of the copy of the instant complaint.

3. According to the conclusion, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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