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(영문) 서울서부지방법원 2019.11.13 2019가단231307
보증금반환
Text

1. The Defendant: 5% per annum from August 15, 2019 to August 27, 2019; and 5% per annum from August 28, 2019 to the Plaintiff.

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 5, the plaintiff entered into a lease contract with regard to the real estate listed in the separate sheet C (hereinafter "real estate of this case") on April 3, 2016, setting the lease deposit amount of KRW 185,00,00, and the lease contract term of April 27, 2016 to April 26, 2018 (hereinafter "the lease contract of this case") and granted the lease deposit to Eul around that time. The defendant completed the registration of ownership transfer from the Seoul Western District Court No. 22301 on March 18, 2019 to the plaintiff on March 18, 2019, the plaintiff was notified of the purchase of the real estate of the lease deposit of KRW 185,00,00,00, and the plaintiff was notified of the purchase of the real estate of KRW 19,000 on March 18, 2019 to the Seoul Western District Court on June 29, 2019.

According to the above facts, it is reasonable to deem that the Plaintiff and the Defendant agreed to terminate the instant lease agreement at the latest around July 9, 2019. Since the Plaintiff completed the transfer of the instant real estate on August 14, 2019, the Defendant shall pay to the Plaintiff damages for delay calculated at the rate of 175,00,000 per annum under the Civil Act from August 15, 2019 to August 22, 2019, which is the day following the completion date of delivery of the instant real estate delivery.

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