logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.02.09 2014가단21155
임대차보증금
Text

1. The defendant shall pay 5,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1, 2, 3, and 5 and all the arguments.

On April 16, 2010, the Plaintiff: (a) from the Defendant, the first floor of multi-household 202 located in Guro-gu Seoul Metropolitan Government, the rental deposit of KRW 55,000,000; and (b) from May 30, 2010 to May 29, 2012, the lessee determined to recover the leased object to its original state and return it to the lessor at the end of the lease; and (c) the lessee paid all the rental deposit to the Defendant.

(hereinafter referred to as “the lease of this case”) B.

On March 10, 2014, the Plaintiff notified the Defendant that the instant lease was terminated, and thus, the Plaintiff returned the deposit.

C. On April 1, 2014, the Plaintiff went to the director on the leased object of the instant lease, and on October 20, 2014, the Defendant’s legal representative issued the key of the leased object to the Defendant’s legal representative. However, the Defendant’s legal representative refused to receive the leased object after confirming the leased object with the Plaintiff. On October 21, 2014, the Plaintiff issued the key of the leased object to D.

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff intended to deliver the key to the leased object to the Defendant’s legal representative on October 20, 2014, which was after the termination of the lease of this case, but the Defendant’s legal representative refused to receive the key, and fulfilled the Plaintiff’s duty to return the leased object by delivering the key to the broker D on October 21, 2014. As such, the Defendant claimed that the Plaintiff shall pay to the Plaintiff KRW 55,00,000 as well as damages for delay calculated at an annual rate of 20% from October 22, 2014, the following day after the date of return of the leased object, to the date of delivery of the copy of the application for change of the purport of the claim and the cause of the claim as of December 11, 2014, and from the next day to the date of full payment.

B. According to the facts of recognition on the termination of the lease of this case, this case is applicable.

arrow