(영문) 대구지방법원김천지원 2020.08.12 2020가단32974

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원김천지원 2020.08.12 2020가단32974

임대차보증금

Text

1. The defendant shall pay to the plaintiff KRW 72,194,530 as well as 5% per annum from January 21, 2020 to August 12, 2020, and thereafter.

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, and 3, unless there is a dispute between the parties or in full view of the purport of the whole pleadings:

On December 5, 2018, the Plaintiff entered into a lease agreement with the Defendant who purchased the instant apartment on December 5, 2018, stipulating that the lease deposit amount of KRW 72,000,000, and the lease period of KRW 12 months shall be leased (hereinafter “instant lease agreement”).

B. On November 22, 2019, the Plaintiff and the Defendant decided to extend the term of the instant lease agreement by January 20, 2020.

C. On January 20, 2020, the Plaintiff was a director of the instant apartment, and until that time, paid KRW 194,530 with the long-term repair appropriations.

2. Assertion and determination

A. According to the facts of the determination on the cause of the claim, since the lease contract of this case was terminated on January 20, 202 after the expiry of the period, the defendant is obligated to pay 72,194,530 won, which is the total amount of KRW 72,00,000 and the amount of the long-term repair appropriations equivalent to the amount paid for the lease deposit 72,530 won and the long-term repair appropriations paid to the plaintiff, as well as 72,194,530 won, which is the total amount of KRW 194,530, and the damages for delay calculated at each rate of 12% per annum as prescribed by the Civil Act, from January 21, 2020, which is the date of delivery of the apartment house of this case and the date of payment of the long-term repair appropriations, until August 12, 2020, which is the date of the decision.

(1) The plaintiff filed a claim for damages for delay from January 20, 2020, which is the delivery date of the apartment of this case, but the delivery of the plaintiff about the apartment of this case results in delay of the defendant. Thus, the plaintiff can collect only the damages for delay from the day following the delivery date.

As to the judgment on the defendant's assertion, the defendant shall make a new lessee with respect to the apartment of this case.

참조조문

-민법

-소송촉진 등에 관한 특례법

유사 판례

-대전지방법원 2019.02.21 2018가합1050

-부산지방법원 2019.10.02 2019가합42330

-서울남부지방법원 2015.08.21 2015가단216240

-인천지방법원 2013.07.17 2013가단40437

-춘천지방법원 2019.04.23 2019가단50478