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(영문) 서울서부지방법원 2015.09.16 2015가단12805
임차보증금반환
Text

1. The defendant shall pay 62,00,000 won to the plaintiff and 20% per annum from July 23, 2015 to the day of full payment.

Reasons

On March 24, 2012, the Plaintiff entered into a contract to lease Eunpyeong-gu Seoul and 301 (hereinafter “instant real estate”) with the Defendant for the lease deposit of KRW 62,00,000, and the lease period of KRW 62,000 from April 20, 2012 to April 19, 2014, and occupied the instant real estate after full payment of the deposit deposit. The said lease contract was explicitly renewed after April 19, 2014, but the Plaintiff was notified the Defendant of the termination of the said contract impliedly renewed due to personal circumstances on March 24, 2015, and the Plaintiff was aware of the fact that the Plaintiff was entitled to the Defendant on March 25, 2015, and the Plaintiff intended to directly transfer possession of the instant real estate to the Defendant on his/her own, but it was recognized that the Defendant’s failure to cooperate with the Defendant and gave notice to the Defendant of the termination of the contract under the lease contract to the Defendant.

Ultimately, the lease contract for the instant real estate was terminated on March 25, 2015 after three months from March 25, 2015 when the Plaintiff, the lessee, had agreed to terminate the lease, which was implicitly renewed.

[Reference to Article 6-2 of the Housing Lease Protection Act. Thus, the defendant is obligated to pay to the plaintiff the lease deposit of KRW 62,000,000 due to the termination of the lease contract and damages for delay calculated at the rate of 20% per annum from July 23, 2015 to the day of full payment, as claimed by the plaintiff, following the delivery date of the written amendment of the purport of the claim of this case, as the plaintiff delivered the real estate of this case. Thus, the plaintiff's claim for this payment is justified and it is so decided as per Disposition.

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