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(영문) 제주지방법원 2019.10.15 2019가단53480
임대차보증금
Text

1. As to KRW 170,790,090 among the Plaintiff and KRW 170,000,000, the Defendant shall from February 19, 2019 to March 30, 2019.

Reasons

1. Basic facts

A. On January 31, 2017, the Plaintiff entered into a lease agreement with the Defendant, the owner of Jeju-si apartment and D (hereinafter “instant apartment”) regarding the instant apartment as KRW 170 million, and the lease period from January 31, 2017 to 24 months.

(hereinafter “instant lease agreement”). B.

The instant lease agreement was terminated on January 30, 2019, and the Defendant did not refund the lease deposit to the Plaintiff, and the Plaintiff completed the registration of the instant apartment on March 6, 2019 upon receipt of the lease registration order under Jeju District Court Decision 2019Kao-2 on February 7, 2019.

On February 18, 2019, the Plaintiff delivered the instant apartment to the Defendant.

C. The Plaintiff spent 735,290 won in total for long-term repair allowances on behalf of the Defendant, the owner of the instant apartment, and spent 54,800 won, including stamp taxes and service fees, for the said application for the order of lease registration.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's evidence and the purport of the whole pleadings

2. Determination

A. According to the above facts, the lease contract of this case was terminated on January 30, 2019, and barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from March 30, 2019 to the date of delivery of a copy of the complaint of this case, with the sum of KRW 170 million, KRW 75,290, KRW 5480, and KRW 170,000,000, including the expenses for filing an application for the order of lease registration, and KRW 170,000,000,000 from February 19, 2019 to the date of complete payment, and KRW 790,090,000 from March 30, 2019 to the date of complete payment.

The plaintiff also claimed damages for delay from February 19, 2019 for the above 790,090 won, but the plaintiff also claimed expenses equivalent to the long-term repair appropriations.

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