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(영문) 서울남부지방법원 2020.12.15 2020가단246535
임대차보증금
Text

The defendant shall pay to the plaintiff 10 million won with 12% per annum from July 23, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On June 17, 2017, the Plaintiff leased the Guro-gu Seoul Metropolitan Government D Building 9 E (hereinafter “instant building”) as the lease deposit amount of KRW 125 million from June 30, 2017 to June 29, 2018, the lease deposit amount of KRW 125 million was paid to the Defendant around that time.

On June 27, 2018, the Plaintiff and the Defendant raised the lease deposit as KRW 127 million and extended the lease term from June 30 to June 29, 2019.

The Plaintiff paid KRW 2 million to the Defendant on the same day.

B. On June 26, 2019, the Plaintiff and the Defendant raised the lease deposit as KRW 130 million, and extended the lease term from June 30, 2019 to June 29, 2020.

(hereinafter “instant lease agreement”). On July 1, 2019, the Plaintiff paid KRW 3 million to the Defendant the lease deposit raised.

C. On June 27, 2019, the provisional registration of ownership transfer security was completed on the instant building.

On June 11, 2020 and June 17, 2020, the Plaintiff sent to the Defendant a certificate to the effect that “The Defendant did not notify the Plaintiff of the registration of the above transfer of ownership collateral, so he would return the lease deposit by June 29, 2020, which is the expiration date of the contract renewal.”

[Reasons for Recognition] Unsatisfy, Entry of Evidence A 2 through 9, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the lease contract of this case terminated on June 29, 2020, the contract of this case has expired, the defendant is obligated to pay to the plaintiff 12% interest per annum (the interest rate prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings) from July 23, 2020 to the day of full payment (the day immediately after the delivery of the copy of the petition).

3. Conclusion, the claim of this case is justified, and it is so decided as per Disposition.

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