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(영문) 수원지방법원 2018.06.05 2018가합13588
보증금반환
Text

1. The Defendant’s KRW 25,00,000 as well as 5% per annum from March 14, 2018 to April 3, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 18, 2015, the Plaintiff leased “Sesung C Apartment and 942 Dong 402” (hereinafter “instant apartment”) from the Defendant for the lease deposit amounting to KRW 222,5 million, and for the lease term from October 19, 2015 to October 18, 2017.

(hereinafter “instant lease agreement”). B.

On October 18, 2015 and October 19, 2015, the Plaintiff paid KRW 225 billion to the Defendant the lease deposit under the instant lease agreement.

C. On September 14, 2017, the Plaintiff expressed to the Defendant that he/she did not wish to renew the instant lease agreement by telephone. On October 25, 2017 and November 20, 2017, the Plaintiff sent a content-certified mail to the Defendant, and notified the Defendant that the instant lease agreement terminated due to the expiration of the term of the lease agreement, and there was no intent to renew the lease agreement. Accordingly, the Plaintiff returned the lease deposit.

On February 24, 2018, the Plaintiff left the apartment of this case and stored the joint signature card, etc. to enter the apartment of this case in the C Apartment Resident Support Center. At that time, the Plaintiff notified the Defendant of the fact in writing.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 3-1, 2, Gap evidence 7, 8, 9, and the purport of the whole pleadings

2. According to the facts of the above recognition, the Plaintiff paid KRW 225 million to the Defendant pursuant to the instant lease agreement concluded with the Defendant, and the instant lease agreement terminated due to the expiration of the lease term, and the Plaintiff returned the instant apartment, which is the object of lease, to the Defendant on February 24, 2018.

Therefore, the defendant is 5% per annum as stipulated in the Civil Act from March 14, 2018 to April 3, 2018, which is the delivery date of a copy of the complaint in this case, 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.

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