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(영문) 창원지방법원 마산지원 2018.02.22 2018가단261
임대차보증금
Text

1. The Defendant’s KRW 40,700,000 for the Plaintiff and the following: 5% per annum from September 11, 2017 to December 14, 2017;

Reasons

1. Determination as to the cause of claim

A. On August 25, 2015, the Plaintiff: (a) on August 25, 2015, the entirety of the first floor among the ground buildings in Changwon-si, Changwon-si C (hereinafter “instant building”).

(2) From September 10, 2015 to September 10, 2017, the Plaintiff leased the instant building as KRW 70 million, monthly rent, and KRW 2.5 million. 2) The Plaintiff delivered the instant building to the Defendant prior to the termination of the said lease agreement.

3) The remainder of the security deposit, which remains after deducting the overdue rent of KRW 70 million paid by the Plaintiff to the Defendant, is KRW 40,700,000. [The fact that there is no dispute over the grounds for recognition, Gap evidence No. 1, and the purport of the entire pleadings

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from September 11, 2017 to December 14, 2017, the delivery date of the original copy of the payment order in this case, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

(1) The Plaintiff’s claim for damages for delay was dismissed. However, as the above lease contract terminated on September 10, 2017, the Defendant had a duty to refund the deposit to the Plaintiff, the Defendant is liable for delay from September 11, 2017, which is the following day.

A. The defendant asserts that the defendant suffered losses from the failure to activate the plaintiff's business in the building of this case, and that the new lessee cannot refund the rental deposit until it becomes the new lessee.

B. As seen in the above facts of recognition, as the lease contract between the Plaintiff and the Defendant terminated on September 10, 2017, the Defendant is obligated to refund the deposit to the Plaintiff on September 10, 2017.

Therefore, the defendant's argument is not accepted.

The defendant shall, when applying for the resumption of pleading, compensate for damages caused by the plaintiff's business depression.

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