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(영문) 부산지방법원동부지원 2014.07.17 2014가단6901
보증금반환
Text

1. The Defendant’s KRW 83,00,000 as well as 5% per annum from February 28, 2014 to April 4, 2014 to the Plaintiff.

Reasons

1. Determination as to the cause of claim (1) On February 2, 2008, the Plaintiff, a lessee, concluded a lease contract with the Defendant, the lessor of Busan Metropolitan City, KRW 60,000,00 per month, KRW 70,000 per month, and KRW 60,000 on February 11, 2008, and paid KRW 60,000,000 to the Defendant. Further, the Plaintiff paid KRW 30,00,000 to the Defendant and KRW 30,00,00,000, KRW 300,000, monthly rent, and KRW 300,00 from March 1, 2011 to February 28, 2011, and the Plaintiff paid part of the above lease deposit and KRW 30,00,000 to the Defendant through the mail lease contract with the Defendant, and the Plaintiff paid the lease deposit and KRW 30,000,31,201.

Therefore, the above lease agreement was terminated on January 19, 2013 after one month from the date on which the Plaintiff notified the termination (Article 635 of the Civil Act). Thus, the Defendant appears to have claimed against the Plaintiff for damages for delay applying the statutory interest rate of 6% under Article 54 of the Civil Act, on the premise that the act of entering into the instant lease agreement was a commercial activity, and that it constitutes a commercial activity, and there is any assertion and proof as to the fact that the Plaintiff’s act of entering into the instant lease agreement constituted a commercial activity.

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