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(영문) 대구지방법원 2018.06.29 2018가단101977
임대차보증금 등
Text

1. The Defendant’s KRW 90,250,000 as well as 5% per annum from December 7, 2017 to December 20, 2017 to the Plaintiff.

Reasons

1. Chief;

A. The Plaintiff’s assertion 1) On April 23, 2014, the Plaintiff concluded a lease agreement with Nonparty C and Daegu-gu, which provides for KRW 90,00,000, monthly rent of KRW 150,000 for KRW 203 among Non-Party D’s ground buildings (hereinafter “instant lease agreement”).

(2) On August 18, 2014, the Defendant succeeded to the lessor’s status under the instant lease agreement. (2) On August 2, 2017, the Plaintiff notified the Defendant of the termination of the instant lease agreement, and three months have elapsed since the notice of termination was served, the instant lease agreement became null and void.

Therefore, the plaintiff urged the defendant to refund 90,000,000 won for lease deposit, but the defendant did not comply with this.

Therefore, the Plaintiff registered the lease on November 30, 2017 in order to secure the right to preferential repayment of the lease deposit under the instant lease agreement, and the Plaintiff demanded the Defendant to return the lease deposit again on December 6, 2017.

3) Therefore, the Defendant is obligated to refund KRW 90,00,000 upon the termination of the instant lease agreement to the Plaintiff, and the Defendant is also obligated to pay KRW 250,000,000 for the lease registration cost spent by the Plaintiff as compensation for nonperformance due to the Defendant’s nonperformance of the obligation to refund the lease deposit. (B) The Defendant asserts that the lease deposit cannot be refunded prior to the cancellation of the lease registration. (2) According to the evidence No. 1, 2, and 3 (including the serial number), the Plaintiff’s ground for the Plaintiff’s claim may be recognized.

On the other hand, since the defendant can seek cancellation of the lease registration after returning the lease deposit, the defendant's argument related thereto is not acceptable.

Therefore, the Defendant’s KRW 90,250,00 and the amount of KRW 5% per annum as stipulated by the Civil Act from December 7, 2017 to December 20, 2017, the delivery date of payment order, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

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