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(영문) 수원지방법원 2020.03.26 2019가단564055
임대차보증금
Text

1. The Defendant’s KRW 40,244,970 for the Plaintiff and 5% per annum from November 6, 2019 to November 14, 2019.

Reasons

1. Facts of recognition;

A. On August 31, 2017, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant setting the lease deposit amount of KRW 40,000,000, monthly rent of KRW 600,000, and the lease term of KRW 25,000, from September 25, 2017 to September 24, 2019.

B. The Plaintiff paid KRW 40,000,000 to the Defendant pursuant to the instant lease agreement, and occupied and used the instant leased building upon delivery.

C. On or before September 24, 2019 when the term of the instant lease agreement expires, the Plaintiff had directors from the instant leased building to another location. Until that time, the management office managing the instant leased building deposited KRW 244,970 for long-term repair appropriations for the instant leased building.

In addition, on November 5, 2019, the Plaintiff informed the Defendant of the password of the entrance door of the leased building of this case through text messages, and the Defendant confirmed this.

【Reason for Recognition】 Each entry of Evidence Nos. 1 through 11, and the purport of the whole pleadings

2. Determination

A. According to the above recognition, the instant lease was terminated upon the expiration of its validity.

As such, the defendant is obligated to pay to the plaintiff the lease deposit and the long-term repair appropriations deposited by the plaintiff the total amount of 40,244,970 won (=40,000,000 won 244,970 won) and damages for delay at each rate of 12% per annum prescribed by the Civil Act from November 6, 2019 to November 5, 2019, the following day after the plaintiff delivered the building of this case to the defendant.

B. As to this, the Defendant, according to Article 5 of the instant lease contract, is the lessee when the lease contract is terminated.

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