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(영문) 서울남부지방법원 2015.01.21 2014가단50337
임대차보증금
Text

1. The Defendant’s KRW 35,00,000 as well as the Plaintiff’s annual rate of KRW 5% from July 2, 2014 to September 22, 2014.

Reasons

1. Basic facts

A. On July 2, 2012, the Plaintiff leased 202 of the second floor of the building in Pakistan from the Defendant on July 2, 2012, the lease deposit amount of KRW 45,00,000, and the term of lease from July 2, 2012 to July 1, 2014.

B. On May 2014, before the expiration of the above lease term, the Plaintiff provided that the Defendant would be a director at another place without renewal of the above lease term. On June 6, 2014, the Plaintiff delivered the instant leased house to the Defendant.

C. The Defendant repaid KRW 10,000,000 to the Plaintiff out of the above lease deposit.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the facts of the above recognition, since the above lease contract was terminated upon the expiration of the termination period, the defendant is obligated to pay to the plaintiff the remaining lease deposit amount of KRW 35,000,000 and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from July 2, 2014 to September 22, 2014, the delivery date of a copy of the complaint of this case, which is the day following the expiration date of the above lease term, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day

The defendant asserted that the plaintiff extended the time to pay the lease deposit until October 31, 2014. However, there is no evidence to acknowledge this, the above argument cannot be accepted.

3. Accordingly, the plaintiff's claim of this case is accepted as reasonable.

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