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(영문) 서울동부지방법원 2018.02.07 2017가합2043
임대차보증금
Text

1. The Defendant: (a) KRW 300 million to the Plaintiff; (b) KRW 5% per annum from August 12, 2017 to September 8, 2017; and (c) from the following day.

Reasons

1. Facts of recognition;

A. On September 27, 2014, the Plaintiff leased the instant house (the instant house C’s located in Namyang-si) from the Defendant as the lease deposit amount of KRW 300 million and the lease term of November 17, 2014 to November 16, 2016.

B. On January 11, 2017, the Plaintiff requested the Defendant to return the lease deposit, and on August 11, 2017, delivered the instant house to the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-7, the purport of the whole pleadings

2. Determination

A. Inasmuch as there is no clear evidence to deem that the Plaintiff, like the Plaintiff’s assertion, notified the Defendant of the refusal of renewal one month prior to the expiration of the lease term of this case, the instant lease agreement ought to be deemed to have been implicitly renewed pursuant to Article 6(1) of the Housing Lease Protection Act after November 16, 2016.

However, at any time, the Plaintiff, who is a lessee, may notify at any time of the termination of a renewed lease agreement, and the termination becomes effective three months after the date of such notification (Article 6-2(1) and (2) of the Housing Lease Protection Act). Thus, the instant lease agreement was lawfully terminated on April 12, 2017, which was concluded on January 11, 2017, which can be deemed to have been notified of the termination of the contract upon the Plaintiff’s request for the return of deposit for lease.

(In light of the aforementioned legal principles, the Defendant’s assertion that the term of the lease agreement impliedly renewed shall be two years is rejected. Accordingly, the Defendant is obligated to pay to the Plaintiff KRW 300 million and the damages for delay calculated at the rate of 5% per annum under the Civil Act from August 12, 2017, which is the date of delivery of the original copy of the payment order, to September 8, 2017, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of repayment.

B. The defendant asserts that there is no delivery of the instant house.

However, D, the former husband of the defendant, has the second degree disability of brain disease.

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