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(영문) 창원지방법원통영지원 2017.11.29 2017가단4293
임대차보증금 등 반환
Text

1. The Defendant’s KRW 65,00,000 as well as the Plaintiff’s annual rate of KRW 5% from April 7, 2017 to September 15, 2017, and the following.

Reasons

In addition to the purport of Gap evidence Nos. 1 and 3, the plaintiff entered into a lease agreement with the defendant around September 22, 201, setting the lease deposit amount of KRW 45 million and the lease deposit amount of KRW 24 months with respect to the studio located on the ground of Gosung-gun, Gyeongnam-gun. ② The original defendant agreed to terminate the lease agreement on two occasions, ③ the original defendant agreed to terminate the lease agreement on March 201, ④ the plaintiff returned the above studio to the defendant around April 6, 2017.

Therefore, the Defendant is obligated to pay to the Plaintiff the lease deposit amounting to KRW 65 million and damages for delay at the rate of 5% per annum under the Civil Act from April 7, 2017 to September 15, 2017, which is the date of delivery of a copy of the complaint in this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

(A) The Plaintiff claimed damages for delay from April 6, 2017. However, since the Plaintiff’s obligation to return the leased object and the Defendant’s obligation to return the leased object are concurrently performed, the Plaintiff is liable for delay from the day following the date on which the Plaintiff returned the leased object. Therefore, the Plaintiff’s instant claim is accepted within the scope of the foregoing recognition, and the remainder is dismissed as it has no reason.

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