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(영문) 광주지방법원순천지원 2016.04.06 2015가단18392
임대보증금반환
Text

1. The Defendant’s KRW 50,000,000 and its amount shall be 5% per annum from September 27, 2015 to October 14, 2015 to the Plaintiff.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3, the Plaintiff leased a building C, 403 (hereinafter “instant real estate”) from the Defendant on August 12, 2014, with the lease deposit of KRW 50 million, the lease period from August 17, 2014 to August 16, 2015, and the Plaintiff expressed the Defendant’s intention not to renew the said lease contract on June 2, 2015. The Plaintiff is recognized to have delivered the instant real estate to the Defendant on September 26, 2015, which was after the lease period expired.

According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 50 million and the damages for delay calculated at the rate of 5% per annum under the Civil Act from September 27, 2015, which is the day following the delivery date of the instant real estate, to October 14, 2015, which is the delivery date of the original copy of the instant payment order, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

Thus, the plaintiff's claim of this case is justified and accepted.

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