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(영문) 창원지방법원진주지원 2020.03.17 2019가단39542
임대차보증금반환 청구의 소
Text

1. The Defendant’s KRW 70 million to the Plaintiff and the Plaintiff’s 5% per annum from December 3, 2019 to December 12, 2019.

Reasons

The Plaintiff, on December 27, 2016, concluded a lease contract with the Defendant (hereinafter “instant lease contract”), and paid the security deposit to the Defendant for two years from January 2, 2017 (hereinafter “instant lease contract”), and the Plaintiff expressed his/her intention not to renew the instant lease contract before the expiration of the instant lease contract. Upon receipt of the decision of the instant court 2019Kao78 on July 15, 2019 and completed the registration of the house lease, and thereafter removed from the said house, the Plaintiff was paid interest at an annual rate of 5% on the lease deposit from the Defendant to the refund date of the lease deposit under the condition that the said registration is cancelled. However, the fact that the Defendant did not pay interest on the lease deposit each month from the Defendant to the refund date of the lease deposit is recognized.

According to the above facts, since the lease contract of this case has expired due to the expiration of the termination period, the defendant is obligated to pay to the plaintiff the deposit deposit amounting to 70 million won and 5% per annum as prescribed by the Civil Act from December 3, 2019 to December 12, 2019, the delivery date of a copy of the complaint of this case, and 12% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

Therefore, all of the plaintiff's claims shall be accepted, and it is so decided as per Disposition.

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