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(영문) 제주지방법원 2019.07.01 2019가단50054
임대차보증금
Text

1. The Defendant’s KRW 50,000,000 and its amount are 15% per annum from December 29, 2018 to May 31, 2019 to the Plaintiff.

Reasons

Comprehensively taking account of the respective descriptions and the purport of the arguments in subparagraphs A through 7, the Plaintiff is recognized to have leased, on February 24, 2014, the deposit amount of KRW 50,000,000, and the period of February 28, 2016, the Plaintiff paid the deposit amount to the Defendant around that time, the lease was implicitly renewed, and the Plaintiff notified the Defendant of the termination by telephone on August 29, 2017. The Plaintiff transferred the above multi-family house D to the Defendant on December 5, 2018, and transferred the overdue management fee of KRW 758,500 to the Defendant on December 28, 2018.

According to the above facts, the above lease is deemed to have been lawfully terminated on November 30, 2017, when three months from August 29, 2017 when the Plaintiff notified the Defendant of the termination (Article 6-2 of the Housing Lease Protection Act). As such, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from December 29, 2018 to May 31, 2019, and 12% per annum from the next day to the date of full payment, as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. of the Original Copy of the instant payment order ( obviously stated in the record as of December 13, 2018).

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

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