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(영문) 서울서부지방법원 2019.03.22 2018가단16846
임차보증금
Text

1. The Defendant: (a) KRW 110,00,000 for the Plaintiff and KRW 3% per annum from July 14, 2018 to September 20, 2018; and (b) September 20, 2018 for the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 19, 2016, the Plaintiff (the name before the opening of the name: C) entered into a lease agreement with the Defendant to lease the fourth floor F of the building E on land outside Mapo-gu Seoul Metropolitan Government (hereinafter “instant real estate”) with the lease deposit of KRW 160 million and the period from June 7, 2016 to June 6, 2018.

B. The Plaintiff expressed his/her intent to refuse the renewal to the Defendant three months prior to the expiration of the lease term.

C. On June 30, 2018, the Plaintiff transferred the instant real estate to the Defendant by informing the Defendant of the password number of the instant real estate after leaving directors from the instant real estate on July 13, 2018.

The Plaintiff was paid KRW 50 million from the Defendant’s deposit.

E. On July 16, 2018, the Defendant paid 3% interest per annum on the remaining lease deposit amount of KRW 110 million at the Plaintiff’s request.

Since then, until September 20, 2018, the Plaintiff did not refund the remaining lease deposit amount of KRW 110 million to the Defendant at the rate of 10% per annum, and the Defendant consented thereto.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the facts of the determination on the cause of the claim, the instant lease agreement was terminated on June 6, 2018, and the Plaintiff’s delivery of the instant real estate to the Defendant on July 13, 2018 is as seen earlier. As such, the Defendant is obligated to pay to the Plaintiff delay damages at the rate of 3% per annum, which is the rate of delayed damages, from July 14, 2018 to September 20, 2018, the following day of the delivery date of the instant real estate, from September 20, 2018, the delivery date of the copy of the complaint from September 21, 2018 to November 15, 2018, the agreed delay damages rate of 10% per annum, which is the rate of delay damages, and from November 16, 2018 to the date of the delivery of the copy of the complaint.

3. Conclusion.

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