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(영문) 대전지방법원천안지원 2020.01.08 2019가단6115
임대차보증금 반환
Text

1. The Defendant’s KRW 70,000,000 as well as 5% per annum from June 19, 2019 to August 22, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 28, 2011, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant apartment”) from the Defendant as the lease deposit amount of KRW 55,00,000,00, and the lease term of KRW 55,000 from May 23, 2011 to May 22, 2013, and was handed over the instant apartment after paying the lease deposit to the Defendant.

B. On May 22, 2013, when the term of lease expires, the Plaintiff and the Defendant did not express the intention of refusal of renewal before May 22, 2013, and the lease was implicitly renewed on May 22, 2013.

C. Since May 7, 2015, the Plaintiff and the Defendant agreed to increase the lease deposit to KRW 70,000,000, and to extend the term of the lease from May 23, 2015 to May 22, 2017.

The Plaintiff paid additional KRW 15,00,000 to the Defendant for increased lease deposit.

On May 22, 2017 when the term of lease expires, the Plaintiff and the Defendant did not express their intent to refuse to renew before May 22, 2017, and the lease was implicitly renewed on May 22, 2017.

E. On March 15, 2019, the Plaintiff notified the Defendant that he/she had no intention to renew the lease, and delivered the instant apartment on June 18, 2019.

【Ground of recognition】 Each entry of evidence Nos. 1 through 6, and the purport of the whole pleadings

2. According to the facts of the above recognition, since the lease contract between the plaintiff and the defendant between the plaintiff and the defendant has expired on May 22, 2019, the defendant is obligated to pay to the plaintiff the lease deposit of KRW 70,000,000, and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from June 19, 2019 to August 22, 2019, the delivery date of the copy of the complaint of this case from June 19, 2019 to August 22, 2019, which is the delivery date of the copy of the complaint of this case.

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

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