(영문) 서울중앙지방법원 2020.10.30 2020가단11023

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(영문) 서울중앙지방법원 2020.10.30 2020가단11023

임대차보증금반환 청구의 소

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1. The Defendant’s KRW 71,836,147 and its related KRW 5% per annum from April 10, 2020 to October 30, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 2019, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) between July 31, 2019 and July 31, 2021 with respect to the instant detached housing located in Jongno-gu Seoul Metropolitan Government D (hereinafter “instant housing”) as a deposit of KRW 100,000,000, monthly rent of KRW 3,50,000, and the lease period of KRW 3,500,000, respectively.

B. The Plaintiff did not pay the monthly rent under the instant lease agreement to the Plaintiff. On December 22, 2019, the Defendant: (a) sent to the Plaintiff a letter stating that “If the lessee did not comply with the contract, the lessor would have been in a fixed manner notified the lessee of the fact that the lessee would be influence and left-out; and (b) during the six-month period of January 7, 2020, the lessee did not pay the monthly rent once.

Therefore, each mail was sent to inform that the lease contract has been terminated, and the plaintiff delivered the house of this case on March 6, 2020.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence (including paper numbers) and the purport of the whole pleadings

2. The plaintiff asserts that since the lease contract of this case was terminated by the defendant's notice of termination, the defendant is obligated to return to the plaintiff KRW 7,464,00,00,00, after deducting the unpaid monthly rent of KRW 24,970,00 from the lease deposit of KRW 100,000, and adding the basic cost of electrical construction costs and the necessary cost of KRW 2,434,00,00.

The defendant asserts that value-added tax shall be included in monthly rent, and 2,492,55,00 won in total and 15% interest on unpaid monthly rent for seven months, including this, and damages for delay by legal interest rateing to 2,492,50 won in total, 7,700,000 won in compensation for delay due to illegal departure, damages of 7,70,000 won in compensation for delay due to interest rateing to 183,863 won in late payment, damages for delay by legal interest rateing to 15% in interest rateing to 50,00,000 won in late payment.

3. The lease deposit under the judgment lease agreement is terminated.

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