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(영문) 의정부지방법원 2019.07.17 2019가단104662
임대차보증금반환
Text

1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and 5% per annum from May 9, 2019 to May 15, 2019.

Reasons

1. Facts of recognition;

A. On September 10, 2016, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff and the Defendant’s Government Carryover D (hereinafter “instant housing”) with the term of lease from October 1, 2016 to September 30, 2018, setting the lease deposit as KRW 100 million (hereinafter “instant lease agreement”).

B. The Plaintiff paid KRW 100 million to the Defendant and used the instant house upon delivery.

C. On July 27, 2018, the Plaintiff requested the Defendant to return the lease deposit immediately after the expiration of the period, and delivered the instant house to the Defendant on May 8, 2019.

【Ground for recognition】 The fact that there has been no dispute, the entries in Gap's 1-3, 8-12 and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the lease contract of this case was terminated at the expiration of the term, the defendant is obligated to pay to the plaintiff 10 million won of the above lease deposit and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from May 9, 2019 to May 15, 2019, the delivery date of a copy of the application for change of purpose of claim and cause of claim of this case from May 15, 2019, and 12% per annum as stipulated by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date

3. Thus, the plaintiff's claim of this case is justified and it is so decided as per Disposition with the assent of all participating Justices.

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