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(영문) 수원지방법원 2019.07.25 2019가합138
임대차보증금반환
Text

1. The defendant shall pay 250 million won to the plaintiff and 12% per annum from June 19, 2019 to the day of complete payment.

Reasons

1. Indication of claim;

A. On January 7, 2017, the Plaintiff entered into a lease agreement with C and the Plaintiff’s D Apartment E (hereinafter “instant real estate”) with the terms that the lease deposit is KRW 250 million from January 11, 2017 to January 10, 2019 (hereinafter “instant lease agreement”) and paid KRW 250 million to C for the lease deposit.

B. On February 13, 2018, the Defendant purchased the instant real estate from C and succeeded to the lessor’s status under the instant lease agreement.

C. On October 29, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement and the return of the lease deposit upon the expiration of the lease term with content certification.

The lease term under the instant lease agreement expired on January 10, 2019, and the Plaintiff was a director on March 4, 2019 from the instant real estate. As such, the Defendant is obliged to pay the Plaintiff the lease deposit amount of KRW 250 million and delay damages.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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