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(영문) 춘천지방법원원주지원 2019.07.09 2019가단51576 (1)
보증금반환
Text

1. The Defendant’s KRW 45,00,000 as well as 5% per annum from May 3, 2019 to July 9, 2019, and the next day.

Reasons

Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 through 4, it is recognized that the plaintiff entered into a lease agreement with the second floor D of the building C owned by the defendant on April 30, 2017, setting the rental deposit of KRW 45,00,000 and the lease term of October 2, 2018, and the above lease agreement was terminated by the expiration of the term of the lease and the termination notification of the plaintiff. The plaintiff first notified the defendant of the expiration of the term of the lease and on May 2, 2019.

According to the above facts, the defendant is obligated to pay to the plaintiff the deposit 45,000,000 won and the damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from May 3, 2019, the following day after the plaintiff delivered the real estate of this case to the plaintiff, until July 9, 2019, which is the date of the sentencing of this case, and 12% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

Thus, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.

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