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(영문) 전주지방법원 2021.02.10 2020가단6506
임대차보증금
Text

1. The defendant shall pay to the plaintiff KRW 1,031,363 as well as 5% per annum from March 17, 2020 to April 17, 2020 and the next day.

Reasons

1. Basic facts

A. On December 9, 2017, the Plaintiff entered into a lease agreement between the Defendant and the Defendant with the terms that the Plaintiff leases C’s building D (hereinafter “instant real estate”) from the Defendant to the Defendant during the lease period from January 16, 2018 to January 15, 2020, with the deposit amount of KRW 75 million (hereinafter “instant lease agreement”).

B. On November 19, 2019, two months before the expiration of the instant lease agreement, the Plaintiff notified the Defendant that he/she had no intent to renew the instant lease agreement.

(c)

In the event that a new lessee does not support by the expiration date of the lease term of this case, it is difficult to refund the deposit, and the Plaintiff and the Defendant extended the lease contract of this case around December 30, 2019, but agreed on the fact that the Plaintiff would compensate the Defendant for the lease deposit and brokerage fee already paid in the process of seeking a new residence, but eventually did not reach a final agreement.

(d)

On January 15, 2020, the Plaintiff filed an order to register the right of lease with respect to the instant real estate on January 22, 2020 and completed the registration of the right of lease with respect to the instant real estate.

On January 27, 2020, the Plaintiff removed from the instant real estate.

E. On March 16, 2020, the Defendant returned KRW 74,163,00,00, which deducted management expenses unpaid from KRW 75,000,000 and KRW 530,00 from the floor repair expenses, to the Defendant.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1, the purport of the whole pleadings]

2. Determination

A. According to the above facts finding as to the claim for the refund of deposit, the lease contract of this case terminated at the expiration of the period on January 15, 2020, and the plaintiff delivered the real estate of this case to the defendant on January 27, 2020. Thus, the defendant is 74,693,000 won, excluding the amount of 307,000,000 won, which the plaintiff paid to the defendant, and 5% per annum from January 28, 2020 to the date of full payment.

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