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(영문) 울산지방법원 2019.12.10 2019가단8121
임대차보증금
Text

1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 12% per annum from June 5, 2019 to the day of complete payment.

Reasons

1. In full view of the purport of Gap evidence No. 1 and evidence No. 2-1 and No. 2 as to the cause of the claim, the plaintiff entered into a lease agreement (hereinafter referred to as "the lease agreement of this case") with respect to the D Building E (hereinafter referred to as "real estate of this case") in Yangsan-si on March 5, 2017, with a deposit amount of KRW 70 million, the period from April 15, 2017 to April 14, 2019, and the period from April 22, 2019. The plaintiff sent a certificate to the defendant requesting the return of the deposit upon the expiration of the term of the lease agreement of this case. The following facts revealed in the above facts and arguments. In other words, the plaintiff did not communicate with the defendant after the expiration of the lease agreement of this case, and the plaintiff appears to have been obligated to return the lease agreement of this case to the defendant before the expiration of the lease agreement of this case.

Therefore, the Defendant is obligated to pay to the Plaintiff the lease deposit of KRW 70 million and damages for delay calculated at the rate of 12% per annum from June 5, 2019 to the day of full payment, which is the day following the delivery of the complaint.

[Plaintiff] Claim damages for delay calculated at the rate of 15% per annum from the day after the delivery of the complaint to the day of full payment. However, the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019) is amended and promulgated as of May 21, 2019 and enforced from June 1, 2019, the damages for delay is within the scope of 12% per annum.

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