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(영문) 청주지방법원충주지원 2019.09.20 2019가단20637
임차보증금반환
Text

1. The Defendant’s KRW 35,00,000 and the Plaintiff’s annual rate of KRW 5% from April 11, 2018 to August 29, 2019.

Reasons

Comprehensively taking account of the respective descriptions and arguments in Gap 1-5, the Plaintiff: (a) leased the Cheongju-si D Apartment E (hereinafter “E”) (hereinafter “E”) from Cheongju-si Co., Ltd. (hereinafter “C”) for the lease deposit; (b) as of February 29, 2018; and (c) completed the resident registration on March 7, 2016 with respect to subparagraph (E) delivered around that time; (d) purchased E from C on October 19, 2016 and completed the registration of transfer of ownership on November 16, 2016; and (e) the Plaintiff, who succeeded to the lessor’s status on November 28, 2017, indicated the rejection of the renewal of the lease agreement on subparagraph (E); and (e) completed the lease registration on March 12, 2018, and (e) recognized the fact that the Plaintiff removed the Defendant on March 28, 2018.

According to the above facts, barring special circumstances, the Defendant, who succeeded to the status of the lessor, is obligated to pay to the Plaintiff 35 million won of the lease deposit under subparagraph (E) and 5% per annum as stipulated in the Civil Act from April 11, 2018 to August 29, 2019, the day following the delivery date of a copy of the complaint of this case, and 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

(Plaintiff is obligated to pay damages for delay calculated at the rate of 15% per annum, but pursuant to the amended Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., the Plaintiff is obligated to pay damages for delay calculated at the rate of 12% per annum after June 1, 2019. Thus, the above excessive claims cannot be accepted. Accordingly, the Plaintiff’s claim is accepted within the scope of the above recognition.

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