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(영문) 서울서부지방법원 2020.11.18 2019가단245665
임대차보증금
Text

The defendant shall calculate 7,172,131 won to the plaintiff and 12% per annum from July 30, 2020 to the day of complete payment.

Reasons

1. On April 15, 2017, the Plaintiff leased the lease deposit (lease deposit) No. 9 floor D (hereinafter “instant real estate”) to the Defendant’s wife-population C building (hereinafter “instant real estate”) from the Defendant on April 15, 201, and the period from May 4, 2017 to May 3, 2019.

(hereinafter “instant lease agreement”). On February 13, 2019, the Plaintiff notified the Defendant of the refusal to renew the instant lease agreement on three months prior to the termination of the contract.

As the Plaintiff was unable to refund the lease deposit from the Defendant at the end of the instant lease agreement, on June 21, 2019, the Plaintiff completed the lease registration upon the decision on the leasehold registration order on the instant real estate, and delivered the instant real estate to the Defendant on July 8, 2019.

From July 15, 2019, the Defendant promised to pay the Plaintiff the interest at an annual rate of 5% on the deposit for lease after July 15, 2019 and to refund the deposit for lease until September 30, 2019.

On July 29, 2020, the Defendant returned KRW 175,000,00 to the Plaintiff.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 11, the purport of the whole pleadings

2. According to the judgment on the cause of the claim, the Defendant is obligated to pay to the Plaintiff KRW 175,00,000 as well as damages for delay calculated at the annual rate of KRW 7,172,131 per annum from October 4, 2019 to July 29, 2020, as the Plaintiff seeks, as shown in the attached Form. Since the Defendant returned KRW 175,00,000 to the Plaintiff on July 29, 2020, the Defendant is obligated to pay the Plaintiff damages for delay on the unpaid lease deposit amount of KRW 7,172,131 and the damages for delay calculated at the annual rate of KRW 12% as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 30, 2020 to the date of full payment.

3. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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