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(영문) 수원지방법원 2016.05.25 2015가단51148
임대차보증금반환
Text

1. The Defendant’s KRW 35,00,000 and its related amount are 20% per annum from September 5, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 10, 2006, the Plaintiff entered into a lease agreement with C on the lease deposit amount of KRW 50 million and the term of lease from August 3, 2006 to August 5, 2008 (hereinafter “the instant lease agreement”) with respect to subparagraph 202 of the Yong-si Suwon-si Down-do, which is owned by C, and resided with C after paying the lease deposit.

B. C (A) around May 2008, donated DB No. 202 to the Defendant, and accordingly, the Defendant succeeded to the lessor’s status.

C. On December 1, 2011, the Plaintiff and the Defendant agreed to increase the lease deposit to KRW 55 million, and the term of lease to be extended to February 28, 2014.

On the expiration of the lease term, the Plaintiff notified the Defendant that he/she had no intention to renew the lease contract, and requested the return of the lease deposit, but the Plaintiff completed the lease registration order as the Suwon District Court 2014Kagro861 on May 12, 2014 and was the director around June 5, 2014.

E. After filing the instant lawsuit, the Defendant paid KRW 20 million out of the lease deposit to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the facts of the above recognition, since the lease contract of this case terminated at the expiration of the term, the defendant is obligated to pay to the plaintiff the remainder of the lease deposit of KRW 35 million and the damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from September 5, 2015 to September 30, 2015, which is the day following the delivery date of the original copy of the payment order of this case, and from the next day to the day of full payment, 15% per annum under the same Act.

In this regard, the defendant's provisional attachment No. 202 was established and the return of the lease deposit has not been made because it is difficult to lease the lease deposit to a third party. Therefore, if the lease deposit is returned by December 31, 2015, the order of lease registration shall be first made and it shall be made to the third party.

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