(영문) 창원지방법원진주지원 2019.07.04 2019가단31043

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(영문) 창원지방법원진주지원 2019.07.04 2019가단31043

대여금

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1. The Defendant’s KRW 45,00,000 and the Plaintiff’s annual interest thereon from September 1, 2018 to July 4, 2019.

Reasons

1. Determination on the cause of the claim

A. On November 3, 2015, the Plaintiff leased three another room from the Defendant on the fourth floor of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd-do, Chungcheongnam-do. The original Defendant set the deposit amount as KRW 80 million, and the lease term as from November 20, 2015 to November 19, 2017, respectively, and the Plaintiff paid the Defendant the deposit amount of KRW 80 million.

The Plaintiff failed to refund the deposit from the Defendant, but delivered the said real estate to the Defendant on April 2018.

3) Around April 2018, the Defendant returned to the Plaintiff KRW 35 million out of the deposit amount of KRW 80 million. The remainder of the deposit that the Defendant shall return to the Plaintiff is KRW 45 million. [The grounds for recognition Gap, 2, 3, and the purport of the entire pleadings are as follows.]

B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the remaining amount of KRW 45,00,000 as well as damages for delay calculated at each rate of 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 1, 2018 to July 4, 2019, which is the date following the delivery of a copy of the complaint, which is the day of the delivery of a copy of the complaint, to the defendant's objection as to the existence or scope of the obligation to perform in this case.

2. Judgment on the defendant's assertion

A. The defendant asserts that since the lease contract between the original defendant was implicitly renewed, the deposit amount of KRW 45 million should be refunded on April 2020.

However, there is no evidence to acknowledge the defendant's above assertion, and the defendant's above assertion is without merit.

Furthermore, even if the lease contract between the original defendant is implicitly renewed as alleged by the defendant, the lessee may notify the lessor of the termination of the contract at any time, and the termination shall take effect three months after the lessor is notified of the termination.

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