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(영문) 서울서부지방법원 2020.06.17 2019가단248374
보증금반환
Text

1. The defendant's KRW 150,000,000 for the plaintiff and 5% per annum from February 2, 2020 to February 6, 2020.

Reasons

1. Facts of recognition;

A. On May 9, 2015, the Plaintiff leased Mapo-gu Seoul Metropolitan Government Dazho (hereinafter “instant real estate”) No. 3 (hereinafter “instant real estate”) owned by the Defendant with the lease deposit of KRW 100 million and the lease term from May 15, 2015 to May 14, 2017.

After that, on February 16, 2017, the Plaintiff and the Defendant increased the lease deposit amount to KRW 150 million, and extended the lease term from May 16, 2017 to May 15, 2019. The Plaintiff and the Defendant decided to extend the lease term by September 30, 2019.

(hereinafter “instant lease agreement”). B.

On August 6, 2019, the Plaintiff notified the Defendant that the instant lease contract should not be renewed any longer.

C. On February 1, 2020, the Plaintiff handed over the instant real estate to the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 8

2. According to the facts of the above recognition, since the lease contract of this case was terminated, the defendant is obligated to pay to the plaintiff a lease deposit of KRW 150,000,000 and damages for delay at each rate of 5% per annum as stipulated in the Civil Act and 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, which is the day after the plaintiff delivered the real estate of this case to the defendant, until February 6, 2020, which is the day after February 2, 2020.

3. In conclusion, the plaintiff's claim is justified, and it is so decided as per Disposition.

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