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(영문) 서울중앙지방법원 2018.12.11 2018가단5151664
임대차보증금
Text

1. The Defendant’s KRW 44,891,484 as well as the Plaintiff’s annual rate from November 19, 2018 to December 11, 2018, and the following.

Reasons

1. The facts of recognition: (a) the Plaintiff entered into a lease deposit agreement with the Defendant on January 7, 2017 with regard to D Building E (F) on the land outside Dongjak-gu Seoul Metropolitan Government and one parcel of land; (b) the lease deposit amount of KRW 150 million; and (c) the lease deposit amount of KRW 150 million with the Defendant from January 17, 2017 to December 22, 2017; (d) the Plaintiff paid the lease deposit amount of KRW 150 million to the Defendant and resided in the said building; (e) the agreement was rescinded between the Defendant and the Defendant around the end of the end of the period of the lease; and (e) the Plaintiff delivered the said building to the Defendant on December 22, 2017; and (e) there was no dispute between the parties to the lease deposit and the total amount of KRW 1970,000,000,000 from February 24, 2018 to November 18, 2019

2. According to the facts of the above recognition, the defendant is obligated to pay the above lease deposit and the damages for delay from the day following the completion date of delivery of the above building to the day of full payment.

However, the Plaintiff asserts that the balance of the principal of the lease deposit is KRW 45 million as the principal is appropriated for the interest of KRW 1.5 million out of the total 19 billion paid, and that the remainder of the lease deposit is KRW 4.5 million. However, each of the above payments is appropriated in the order of 5% per annum under the Civil Act from December 23, 2017 to November 18, 2018, which is the date following the date of completion of delivery of the building, as indicated in the table of performance appropriation as follows: (a) the lease deposit remains KRW 44,891,484, if it is appropriated in the order of the principal from December 23, 2017 to November 18, 2018.

Therefore, from November 19, 2018, the date following the date of the last repayment of the lease deposit 44,891,484 won remaining after the Plaintiff and the date following the date of the last repayment thereof, the Defendant’s objection to the existence and scope of the obligation is reasonable, calculated at the rate of 5% per annum prescribed by the Civil Act until December 11, 2018, and 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

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