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(영문) 광주지방법원 2018.06.01 2017가단519227
기타(금전)
Text

1. The Defendant’s KRW 60,000,000 as well as the Plaintiff’s annual rate from April 16, 2017 to June 1, 2018.

Reasons

1. Facts of recognition;

A. On August 29, 2015, the Plaintiff entered into a contract for leasing Gwangju-gu D and 405 (hereinafter “instant housing”) with the lease term of KRW 60,00,000 (hereinafter “instant lease contract”) from September 10, 2015 to September 10, 2017, and the lease deposit of KRW 60,000 (hereinafter “instant lease contract”). Based on the special agreement, the Plaintiff agreed to return the lease deposit even one year and six months.

B. On March 15, 2016, the Plaintiff paid the deposit and resided in the instant house, and C sold the instant house to the Defendant and completed the registration of ownership transfer regarding the instant house.

C. On March 2017, the Plaintiff notified the Defendant of the termination of the lease agreement upon termination of the lease agreement pursuant to the terms and conditions of the instant lease agreement. On April 15, 2017, the Plaintiff delivered the instant house to the Defendant.

[Grounds for recognition] The items of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, since the lease contract of this case was terminated at the expiration of the term in accordance with the above special agreement, the defendant, the transferee of the housing of this case, is obligated to pay to the plaintiff, the lessee, 60,000,000 won for lease deposit, as well as damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from April 16, 2017, which is the day following the delivery date of the housing of this case until June 1, 2018, which is deemed reasonable to dispute the existence or scope of the defendant's obligation to perform.

(Plaintiff is claiming damages for delay calculated at the rate of 15% per annum from April 16, 2017 to the date of full payment, which is the day following the delivery date of the instant house, but the portion exceeding the above recognized portion is without merit). (B)

The defendant has passed 35 days from March 10, 2017, which is the expiration date of the lease term under the above special agreement.

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