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(영문) 서울중앙지방법원 2020.10.29 2020가단5018142
임대차보증금
Text

The defendant shall pay 95,00,000 won to the plaintiff and 12% per annum from February 10, 2020 to the day of complete payment.

Reasons

On September 28, 2016, the Plaintiff entered into a lease contract with the Defendant for the lease deposit amounting to KRW 95 million with respect to the building E 7th floor E on land outside Seo-gu, Seo-gu, Daejeon (hereinafter “instant building”); the term of lease from October 7, 2016 to October 6, 2018 (hereinafter “instant lease contract”); the Plaintiff paid KRW 95 million to the Defendant under the instant lease contract; the Plaintiff requested the return of the lease deposit to the Defendant on September 5, 2018; the Plaintiff’s delivery of the instant building to the Defendant is not disputed between the parties, or is recognized by taking into account the overall purport of the statement and arguments as prescribed in subparagraphs A, 1, 2, and 3.

According to the above facts, the lease contract of this case was terminated upon the expiration of the period.

Therefore, the Defendant, a lessor, is obligated to pay to the Plaintiff, a lessee, delay damages calculated at the rate of 12% per annum from February 10, 2020 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case filed by the Plaintiff after the delivery date of the building of this case.

Therefore, the plaintiff's claim is justified and it is so decided as per Disposition.

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