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(영문) 대전지방법원서산지원 2016.05.31 2015가단7789
임대보증금반환
Text

1. The Defendant’s KRW 30,000,000 as well as annual 5% from June 20, 2015 to September 17, 2015 to the Plaintiff.

Reasons

1. Comprehensively taking into account the purport of Gap evidence No. 1’s argument as to the cause of the claim, the Plaintiff entered into a lease agreement with the Defendant on June 20, 2014, setting a contract term of KRW 30 million from June 20, 2014 to June 19, 2015; and paid KRW 200,000,000 to the Defendant around that time; the said lease agreement was terminated as of June 19, 2015; and the Plaintiff’s delivery of the said building to the Defendant on June 19, 2015.

According to the above facts, the Defendant is obligated to pay to the Plaintiff 30 million won with 5% annual interest rate prescribed by the Civil Act from June 20, 2015 to September 17, 2015, which is the day following the date of the Plaintiff’s delivery of a copy of the complaint in this case, and 15% annual interest rate prescribed by the main sentence of Article 3(1) of the Addenda of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (No. 2653, Sept. 25, 2015); Article 2(2) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015); Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015).

2. In conclusion, the plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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