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(영문) 수원지방법원평택지원 2020.07.07 2020가단53178
보증채무금
Text

The defendant shall pay to the plaintiff KRW 200,000,000 per annum from January 27, 2019 to February 5, 2020, and from the following day.

Reasons

According to the overall purport of evidence Nos. 1 through 3, the Plaintiff leased the Eunpyeong-gu Seoul Metropolitan Government No. 1st floor D (hereinafter “instant building”) from the Defendant on March 17, 2016 as “Lease deposit: KRW 200 million; the lease period: from May 31, 2016 to May 30, 2018; the full payment of KRW 200 million; the Plaintiff expressed the Defendant’s intent to refuse the renewal of the lease before the expiration of the lease term; notified the Defendant of the termination of the lease term on December 17, 2018; and it is recognized that the Plaintiff left the instant building on January 26, 2019 and delivered it to the Defendant.

According to the above facts, since the lease contract between the plaintiff and the defendant is terminated by the expiration of the lease term or the plaintiff's termination notice, the defendant is obligated to pay to the plaintiff 200 million won deposit and its delay damages calculated by the rate of 5% per annum prescribed by the Civil Act from January 27, 2019 to February 5, 2020, which is the delivery date of the original copy of the payment order of this case, and 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by the assent of all participating Justices.

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