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(영문) 서울남부지방법원 2020.01.30 2019가합114219
보증금반환
Text

1. The defendant's delivery of the fifth floor of the building C in Yeongdeungpo-gu Seoul, and simultaneously to the plaintiff 220,000.

Reasons

1. Facts of recognition;

A. On September 24, 2017, the Plaintiff entered into a real estate lease agreement (hereinafter “instant agreement”) with the Defendant, which leases KRW 220,00,000, deposit money from October 27, 2017 to October 26, 2019, the fifth floor D (hereinafter “instant real estate”) of the Yeongdeungpo-gu Seoul Metropolitan Government building C (hereinafter “instant real estate”).

B. On October 27, 2017, the Plaintiff paid KRW 220,000,000 to the Defendant.

C. On July 29, 2019, the Plaintiff sent a text message to the effect that “the deposit is returned without any delay on the expiration date” by the Defendant’s phone.

Around that time, the Plaintiff, who was unable to answer to the Defendant, had a contact with the same purport as real estate intermediaries.

The mediator was called “the Defendant had a contact to provide a full-time charter.”

The Plaintiff attempted to communicate with the Defendant directly or through an intermediary over several occasions from August 27, 2019 to October 26, 2019, but the Defendant did not contact.

E. The plaintiff is residing in the real estate of this case until now.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. On July 29, 2019, three months prior to the expiration of the lease term, the Plaintiff notified the Defendant of the rejection of renewal, and at that time, notified the Defendant of the rejection of renewal.

The instant contract was terminated on October 26, 2019, the expiration date of the contract.

At the same time, the Defendant is obliged to pay the Plaintiff KRW 220,000,000,000 as lease deposit, along with the delivery of the instant real estate from the Plaintiff.

B. The Plaintiff seeks damages for delay calculated by 5% per annum as stipulated in the Civil Act from October 27, 2019 to the delivery date of a copy of the complaint of this case from October 27, 2019 to the payment date of a copy of the complaint of this case, and 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Litigation Promotion Act”)

A lessor's obligation to return a deposit shall be simultaneously performed with the lessee's obligation to return the leased object.

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