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(영문) 청주지방법원충주지원 2016.08.18 2016가단2553
임대차보증금
Text

1. The Defendant’s KRW 25,00,000 as well as annual 5% from November 29, 2015 to May 19, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On November 29, 2010, the Plaintiff leased a 110 store located in C (hereinafter “instant store”) from the Defendant on a five-year basis (hereinafter “instant contract”) with a deposit of KRW 30,000,000, monthly rent of KRW 500,000, and the period until November 28, 2015.

B. On September 23, 2015, the Defendant sent to the Plaintiff a certificate of content that it would not extend the instant contract. On September 30, 2015, the Plaintiff also sent a certificate of content that the Defendant would have no intent to extend the instant contract, and that the Plaintiff would have requested the Defendant to return the deposit.

C. The Defendant failed to pay the Plaintiff KRW 5,000,000 for ten months since January 2015, which began to proceed with the auction procedure regarding the instant store.

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

2. According to the above facts of determination, the Defendant is obligated to pay the remainder deposit of KRW 25,00,000 (=30,000,000 - 5,000,000), which remains after deducting the Plaintiff from the termination of the contract of this case, and to pay damages for delay at each rate of KRW 15% per annum as prescribed by the Civil Act, from November 29, 2015 to May 19, 2016, which is obvious from the date following the expiration date of the contract of this case, the copy of the complaint of this case was served on the Defendant.

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

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