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(영문) 수원지방법원여주지원 2020.09.23 2020가단1204
임차보증금반환
Text

The defendant's KRW 18,800,000 with respect to the plaintiff and the next 5% per annum from July 21, 2020 to September 23, 2020.

Reasons

1. The Plaintiff, around March 25, 2019, determined the lease deposit amount of 24.28 square meters on the first floor of the building located in Dong-si and one parcel of land, including Dong-si, and around 80,000 won, monthly rent of 1.2 million won (including value-added tax and management expenses), from March 19, 2019 to March 18, 2020, and paid the above lease deposit to the Defendant. The above lease contract was terminated on March 18, 2020 by either the parties or the entire purport of entry and pleading in evidence No. 1, and the Plaintiff paid the lease deposit amount to the Defendant from February 19, 202 to March 18, 2020 to March 27, 2006.

According to the above facts, the defendant is obligated to pay to the plaintiff 18,80,000 won (=80,000,000 - 1,200,000 won - 60,000 won) and damages for delay, which are the remaining amount after deducting the aforementioned unpaid rent and partial refund from the above lease deposit, unless there are special circumstances.

In addition to the above amount of recognition, the Plaintiff asserts that, with respect to the amount of KRW 78,880,000,000, which was deducted from the above lease deposit, the amount of damages for delay calculated by 5% per annum during 18 days from March 20, 2020, which was the date of the lawsuit in this case, was refunded to the Defendant from March 20, 2020 to April 7, 2020, the Plaintiff paid the amount of KRW 194,292.

However, when a building lease contract is terminated, the lessor’s obligation to return the leased object to the lessor after deducting the lessee’s obligation to restore the leased object to the lessor and the damages claim arising from the overdue rent and the performance of the obligation to specify the building until the lessee performs the obligation to lease the leased object. Therefore, more than four months have passed since the termination of the lease contract.

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