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(영문) 서울서부지방법원 2015.09.08 2014가단48968
보증금
Text

1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 20% per annum from February 27, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On June 19, 2013, the Plaintiff leased Seodaemun-gu Seoul (hereinafter “instant real estate”) C and B02 (hereinafter “instant real estate”) from the Defendant as the lease deposit amount of KRW 25 million and the period from July 10, 2013 to 12 months, and on the same day, paid KRW 1 million out of the above lease deposit to the Defendant on the same day, and paid KRW 24 million on July 10, 2013.

B. The above lease has been implicitly renewed after the expiration of the period of validity.

C. On April 17, 2013, the Seoul Western District Court’s Seodaemun Registry (Seoul Western District Court’s Seodaemun Branch), the registration of the establishment of a neighboring company of the Han Capital Co., Ltd. was completed.

On October 31, 2013, one Capital Co., Ltd., on the instant real estate, voluntarily decided to commence the auction on October 31, 2013, and E purchased the instant real estate on November 5, 2014 at the above auction procedure.

E. On February 26, 2015, the Plaintiff transferred the instant real estate to E.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, in the auction procedure for the instant real estate, E acquired the ownership of the above real estate on November 5, 2014, and thus, the Defendant was unable to perform his/her duty as a lessor who would cause the Plaintiff to use and benefit from the said real estate. Thus, the lease contract between the Plaintiff and the Defendant was terminated

I would like to say.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the lease deposit amount of KRW 25 million and damages for delay calculated at the rate of 20% per annum from February 27, 2015 to the date of full payment, which the Plaintiff seeks, as a result of the delivery of a copy of the instant complaint.

B. The judgment on the defendant's assertion is based on the premise that the plaintiff is a tenant with opposing power, the defendant's obligation to return the lease deposit to the plaintiff is the successful bidder E.

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