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(영문) 수원지방법원 성남지원 2018.07.20 2017가단221449
임대차보증금
Text

1. The Defendant shall pay to the Plaintiff KRW 20,00,000 and the interest rate of KRW 15% per annum from July 4, 2017 to the day of complete payment.

Reasons

Basic Facts

- On May 1, 2012, the Plaintiff leased a deposit of KRW 20,00,000, monthly rent of KRW 1,430,000 (including value-added tax), monthly management expenses of KRW 400,00, and monthly management expenses of KRW 400,00 from May 1, 2012 to April 30, 2017 (hereinafter “instant lease contract”).

- The Plaintiff paid 20,000,000 won the instant store deposit to B, and operated a coffee store with the trade name “D” after receiving the instant store.

- On February 19, 2014, the Defendant acquired the ownership of the instant store from B, and succeeded to the lessor’s status of the instant store.

- On January 31, 2017, the Defendant notified the Plaintiff that the instant lease contract will not be renewed, and the instant lease contract was terminated on April 30, 2017.

- On May 29, 2017, the Plaintiff removed all the Plaintiff’s home appliances at the instant store, and notified the Defendant of May 30, 2017 following the removal from the instant store.

[Based on the fact that there is no dispute, Gap evidence Nos. 1 through 4 (including the number of branch numbers; hereinafter the same shall apply) and the defendant's obligation to refund the lease deposit of this case to the plaintiff, who is the lessee, as the lease contract of this case terminated on April 30, 2017. Thus, the defendant is obligated to pay to the plaintiff, as the lessee, the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from July 4, 2017 to the date of full payment, which is clear that the original copy of the payment order of this case was delivered to the defendant, as the date of delivery of the store of this case, as the lease deposit of this case was terminated on April 30, 2017.

The defendant asserts that the amount equivalent to the rent and the management fee should be deducted until the delivery of the store of this case. The lease contract of this case on April 30, 2017.

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