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(영문) 수원지방법원 2020.01.16 2019가합25625
임대차보증금
Text

1. The Defendant’s KRW 265,809,350 for the Plaintiff and KRW 5% per annum from August 15, 2019 to September 19, 2019.

Reasons

1. Basic facts

A. On May 8, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) between the Defendant and the Defendant with the terms that the Plaintiff leased the Seocho-gu C Apartment D (hereinafter “instant real estate”) from May 8, 2017 to May 7, 2019 with the lease term of KRW 265,00,000, and paid the Defendant the deposit amount of KRW 265,00,000.

B. On March 25, 2019, the Plaintiff expressed his/her intent to recover the lease deposit on the expiration date of the instant lease agreement, as the Plaintiff did not intend to renew the instant lease agreement through text messages.

C. After that, on June 12, 2019, the Plaintiff filed an application for the order of lease registration with the Suwon District Court Decision 2019Kau20063, Jun. 21, 2019, and the lease registration of the instant real estate was completed on June 21, 2019, and disbursed KRW 809,350 in the process.

On August 14, 2019, the Plaintiff delivered the instant real estate to the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 5 (including branch numbers in case of additional number), the purport of whole pleadings

2. According to the facts of the above determination on the cause of the claim, since the lease contract of this case was terminated upon the expiration of the period, the Defendant is obligated to pay to the Plaintiff the amount of KRW 265,00,000 and KRW 809,350,000, totaling the expenses paid in the process of registration of the lease deposit of this case and KRW 265,809,350, and any damages for delay calculated at the rate of 5% per annum prescribed in the Civil Act from August 15, 2019, the following day after the Plaintiff delivered the real estate of this case to the Defendant, until September 19, 2019 when the original copy of the payment order of this case was delivered to the Defendant.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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