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(영문) 서울중앙지방법원 2015.06.09 2015가합501321
보증금반환
Text

1. The Defendant’s KRW 120,038,269 as well as the Plaintiff’s annual rate from February 17, 2015 to May 7, 2015.

Reasons

1. The following facts can be acknowledged according to each description of Gap evidence Nos. 1 through 5 (including paper numbers):

Of the second floor of the real estate indicated in the attached Form with the Defendant, the Plaintiff entered into a lease agreement of KRW 120,00,000 for the attached Form Nos. 1, 2, 3, 4, and 39 square meters (hereinafter “instant real estate”) on the part (A) of 303 square meters inboard connected each point in sequence with the Defendant (hereinafter “instant real estate”) from November 26, 2010 to November 26, 2012.

B. Although the term of lease under the instant lease agreement expires, the Plaintiff and the Defendant extended the term of the lease by March 31, 2013 upon the Defendant’s request, and on March 29, 2013, the term of the instant lease was extended by December 31, 2013, and again agreed to extend the term of the lease by December 31, 2014.

C. On November 27, 2014, the Plaintiff notified the Defendant that he/she had no intent to renew the instant lease, and delivered the instant real estate to the Defendant on February 16, 2015.

Meanwhile, as the Defendant delayed the payment of the above lease deposit, the Plaintiff applied for a decision of acceptance on the order of lease registration as Seoul Central District Court 2015Kada50029, and the said procedure requires a total of 38,269 won (i.e., registration license fee of 3,000 won, KRW 11,580,000, KRW 21,300, KRW 589).

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the lease deposit amounting to KRW 120,00,000, KRW 38,269, KRW 120,038,269, KRW 120,038, and KRW 269, which is the day following the completion date of delivery of the instant real estate, 5% per annum under the Civil Act from February 17, 2015 to May 7, 2015, which is the delivery date of a copy of the instant complaint, and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. Thus, the plaintiff's claim is within the scope of the above recognition.

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