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(영문) 의정부지방법원 2020.12.08 2020가단131929 (1)
임대차보증금
Text

1. The defendant shall pay 85,00,000 won to the plaintiff and 12% per annum from September 26, 2020 to the day of complete payment.

Reasons

1. On August 15, 2017, the Plaintiff entered into a lease agreement with the Defendant for 85,00,000, and for 24 months with respect to the lease deposit (hereinafter “instant lease agreement”) with the Defendant on August 15, 2017, with the Guro-si C and 3rd floor D (hereinafter “the instant real estate”). The Plaintiff and the Defendant paid KRW 85,00,000 to the Defendant for the lease deposit. The Plaintiff and the Defendant extended the lease term on July 22, 2019 with the same content as the instant lease agreement on September 2, 202, extended the lease term on a one-year basis, and renewed the contract with the maturity of September 2, 202, the Plaintiff did not renew the instant lease agreement on June 9, 202, and notified the Defendant of the refusal to renew the lease agreement, and notified the Defendant of the refusal to renew the lease agreement on June 29, 2020 to return each of the instant real estate rights to the Defendant.

According to the above facts, the lease contract of this case terminated on September 2, 2020 following the plaintiff's rejection of renewal, and the plaintiff delivered the real estate of this case to the defendant on September 25, 2020. Thus, the defendant is obligated to pay to the plaintiff delay damages at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 26, 2020 to the date of delivery of a copy of the complaint of this case, unless there are special circumstances.

2. The defendant's assertion remains the term of lease of this case, and in the auction procedure concerning the real estate of this case, the judgment of the defendant remains.

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