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(영문) 서울중앙지방법원 2015.08.26 2014가단5324747
임대차보증금
Text

1. The plaintiff's claim is dismissed.

2. One-half of the costs of lawsuit shall be borne by the plaintiff and the remainder by the defendant.

Reasons

1. Basic facts

A. On January 7, 2011, the Plaintiff leased the room room of the third floor of the Geumcheon-gu Seoul Metropolitan Government C building (hereinafter “instant real estate”) from January 22, 2011 to January 21, 2012, with a lease deposit of KRW 40,000,000, monthly rent of KRW 120,000, and paid the Defendant the lease deposit of KRW 40,000,000.

(hereinafter “instant lease agreement”). B.

The instant lease agreement has been maintained as impliedly renewed between the Plaintiff and the Defendant until 2014.

C. On April 10, 2014, the Plaintiff notified the Defendant that the instant lease agreement will be terminated at the beginning of November 2014, and the Plaintiff retired from the instant real estate on November 11, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3-2, Gap evidence 5, the purport of the whole pleadings

2. According to the above findings of determination, the defendant should refund 40,000,000 won for lease deposit under the lease contract of this case and damages for delay thereof to the plaintiff, but the defendant claims that the defendant already deposited them. Thus, in full view of the purport of the statement in Eul evidence 3, the defendant claimed damages for delay from November 12, 2014 to 20,000 won for lease deposit of this case, and from November 12, 2014 (the plaintiff is deemed to have claimed damages for delay from November 12, 2013 x 20,000 won for 40,000 won for lease of this case x 20,000 won for 50,000 won for each year until December 4, 2012, 200, 204 x 40,000 won for interest rate of 20,000 won for x 40% for 20,514,215% for each year x 204,214.25% for x 5% for 5.

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