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(영문) 춘천지방법원원주지원 2019.07.03 2019가단52111
보증금반환
Text

1. The Defendant’s KRW 70,000,000 as well as 5% per annum from March 27, 2019 to April 2, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 6, 2017, the Plaintiff entered into a lease agreement with the Defendant on the first city C Apartment D (hereinafter “instant apartment”) with the deposit deposit amounting to KRW 70 million and the lease deposit amounting to KRW 70 million from February 24, 2015 to February 23, 2017 (hereinafter “instant lease agreement”). Around that time, the Plaintiff agreed to renew the instant lease agreement with the Defendant and pay an additional amount of KRW 50,000 per month to the Defendant that the lease term is extended by February 23, 2019 and to pay an additional amount of KRW 50,000 per month.

B. On January 20, 2019, the Plaintiff notified the Defendant that he/she had no intent to renew the instant lease agreement, and delivered the instant apartment to the Defendant around March 26, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, purport of the whole pleadings

2. According to the facts of the determination on the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the deposit deposit of KRW 70 million and the damages for delay calculated at the rate of 5% per annum under the Civil Act from March 27, 2019 to April 2, 2019, on the day following the date on which the Plaintiff delivered the instant apartment to the Defendant with a copy of the complaint from March 27, 2019 to April 2, 2019, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019).

3. In conclusion, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as they are without merit.

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