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(영문) 수원지방법원안산지원 2019.06.14 2019가단52181
임대차보증금
Text

1. The Defendant’s KRW 160,915,370 for the Plaintiff and KRW 5% per annum from November 15, 2018 to May 13, 2019.

Reasons

1. Facts of recognition;

A. On August 5, 2016, the Plaintiff leased the common apartment D (hereinafter referred to as “instant real estate”) from the Defendant during the lease period of KRW 160 million, and the lease period of KRW 130,000,000,000,000,000.

(hereinafter “instant lease agreement”). B.

The Plaintiff paid a lease deposit of KRW 160 million to the Defendant, and was residing in the instant real estate, and delivered the said real estate to the Defendant on November 14, 2018, which was after the termination of the instant lease agreement.

C. Meanwhile, the long-term repair appropriations paid by the Plaintiff while residing in the instant real estate are KRW 915,370 in total.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, 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 was terminated upon the expiration of the period, the defendant is obligated to pay to the plaintiff 160,915,370 won (i.e., lease deposit of KRW 160,000,000,000 long-term repair appropriations of KRW 915,370) and for this, 5% per annum as stipulated in the Civil Act from November 15, 2018 to May 13, 2019, the delivery date of the original copy of the instant payment order, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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