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(영문) 수원지방법원 안산지원 2018.03.27 2017가단65954
임대차보증금
Text

1. The Defendant shall pay to the Plaintiff KRW 55,00,000 and the interest rate of KRW 15% per annum from November 21, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On July 24, 2014, the Plaintiff entered into a lease contract with the Defendant for KRW 60 million and the term of lease from August 2, 2014 to August 1, 2016 with respect to KRW 301 among the 301 of the 301 of the 301st ground housing, and received the said housing after paying the lease deposit (hereinafter “lease deposit”) to the Defendant around that time.

B. The Plaintiff knew the Defendant that there was no intention of contract extension before the expiration of the above lease term, demanded the Defendant to refund the instant lease deposit to the Defendant on August 1, 2016, and retired from the said house on July 2017.

C. The Defendant returned 5 million won out of the lease deposit of this case to the Plaintiff up to now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 5 million remaining after receiving partial payment of the lease deposit of this case (=60 million - 5 million) and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 21, 2017 to the date of complete payment, as sought by the Plaintiff.

3. Therefore, the claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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