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(영문) 인천지방법원 2021.01.19 2020가단268806
임대차보증금
Text

The defendant shall pay 57 million won to the plaintiff and 5% per annum from October 29, 2020 to January 19, 2021, and the next day.

Reasons

Basic Facts

A. On March 28, 2018, the Plaintiff leased the Plaintiff the Seo-gu Incheon Metropolitan building D No. (hereinafter “instant real estate”) to the Defendant by setting the deposit amount of KRW 60 million and the period from March 21, 2018 to March 20, 2020, and paid the Defendant the deposit amount of KRW 60 million on the same day.

B. On July 14, 2020, the Plaintiff requested the Defendant to return the deposit, prior to the termination of the lease agreement.

(c)

On October 28, 2020, the Plaintiff handed over the instant real estate to the Defendant.

[Grounds for Recognition: Each entry in the evidence of subparagraphs A through 4, and the purport of the whole pleadings]

2. According to the facts of the above recognition, since the lease of this case was terminated upon termination, the defendant is obligated to pay to the plaintiff delayed damages calculated by the rate of 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from October 29, 2020 to January 19, 2021, which is the date of delivery, from October 29, 2020, excluding the remainder of 57 million won, excluding the remainder of 3 million won, for which the plaintiff was paid among the 60 million won deposit, and from the next day to the date of full payment.

3. The conclusion is that the plaintiff's claim is accepted, and it is so decided as per Disposition.

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