logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.09.26 2016가합580260
임대차보증금
Text

1. The Defendant: KRW 21,604,169 for the Plaintiff and KRW 5% per annum from May 3, 2017 to September 26, 2017.

Reasons

1. Facts of recognition;

A. On June 11, 2014, the Plaintiff entered into a lease agreement between the Defendant and the Defendant, setting the lease deposit amount of KRW 950,000,00 for the lease deposit and the lease period of KRW 950,00 for the lease deposit, from August 20, 2014 to August 19, 2016, and paid the full deposit amount to the Defendant from August 20, 2014, and received the instant real estate from the Defendant around that time.

B. The Plaintiff delivered the instant real estate to the Defendant on November 11, 2016, after the termination of the said lease agreement upon the expiration of its validity.

C. Meanwhile, the Defendant paid KRW 100,000,000 to the Plaintiff on February 25, 2017, and KRW 850,000,000 on May 2, 2017.

[Reasons for Recognition] The facts without dispute, Gap evidence 1, 3, 5, Eul evidence 1 (including numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The balance of lease deposit and damages for delay thereof; and

A. According to the facts of the judgment on the Plaintiff’s cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the above lease deposit amount of KRW 950,000,000 and damages for delay from November 12, 2016, which is the day following the delivery of the instant real estate.

Therefore, the Defendant’s 10,00,000 won paid on February 25, 2017 to 13,794,520 won (106 days) for delay from November 12, 2016 to February 25, 2017 (i.e., 950,000,000 x 5% x 106/365 x 106/365 x 8660 won for repayment (i.e., 10,00,000 - 13,794,520,000) - 9665 x 760 won for repayment (i.e., 10,00,00,000 - 13,794,520,520) - 965 - 760,67.205 - 965 -606.205 -65 206.7

arrow