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(영문) 전주지방법원군산지원 2019.06.18 2018가단58132
보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 89,139,840 and the interest rate of KRW 15% per annum from December 19, 2018 to the date of full payment.

Reasons

On May 24, 2011, 201, the Plaintiff and the Defendant (i.e., “limited company B” but changed to “stock company B” on November 29, 2017; hereinafter “Defendant”) concluded a lease contract with the term of lease 5 years from August 5, 2012 to August 5, 2017, designating the lease deposit amount as KRW 81,270,00, and thereafter, the lease contract was concluded with the Defendant at KRW 89,139,840 (hereinafter “the lease contract between Won and the Defendant”) and the Plaintiff’s each of the instant parties to the instant lease was written at KRW 40,00,00, and each of the instant parties to the instant lease was either final and conclusive, or notified the Defendant of the fact that each of the instant parties to the instant lease contract was discharged at KRW 18,70 (hereinafter “the instant lease contract”).

According to the above facts, the instant lease contract was terminated and terminated.

As such, the Defendant paid to the Plaintiff damages for delay calculated at the rate of 15% per annum as stipulated in Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 19, 2018 to the day following the delivery date of a copy of the complaint of this case filed by the Plaintiff as the delivery date of the instant apartment after the delivery date of the instant apartment, Article 3(1) of the Addenda (Presidential Decree No. 29768, May 21, 2019); Article 2(1) of the Addenda of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019); Article 3(1) main sentence of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019).

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