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(영문) 부산지방법원 2020.07.21 2019가단337536
보증금반환
Text

1. The Defendant’s KRW 38,00,000 and the Plaintiff’s annual rate of KRW 5% from November 1, 2019 to December 5, 2019 and the following.

Reasons

1. Facts of recognition;

A. On December 15, 2017, the Plaintiff entered into a lease agreement with D and Busan Metropolitan City E-building F (hereinafter “instant real estate”) with respect to KRW 133,00,000,000 as the lease deposit and the period from January 6, 2018 (hereinafter “instant lease agreement”) and paid the lease deposit.

B. On August 29, 2019, the Defendant purchased the instant real estate from D, and succeeded to the lessor’s status under the lease agreement with the Plaintiff.

C. On June 2019, the Plaintiff notified D of the termination of the instant lease agreement, and also notified the Defendant who succeeded to the lessor status under the instant lease agreement.

Accordingly, when the Plaintiff and the Defendant ordered the instant real estate on August 29, 2019, the Defendant agreed to return the lease deposit to the Plaintiff at the same time.

On August 29, 2019, the Plaintiff ordered the Defendant to order the instant real estate, but the Defendant did not pay the remainder after paying only KRW 95 million out of the lease deposit.

[Ground of certification] Uncontentious facts, entry of Gap evidence 1 to Gap evidence 3, purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 38 million won, the remainder of the lease deposit (i.e., KRW 133 million - 95 million - 95 million) upon the termination of the instant lease agreement, and as the Plaintiff seeks, 5% per annum as stipulated in the Civil Act from November 1, 2019 to December 5, 2019, the delivery date of the duplicate of the instant complaint, as sought by the Plaintiff, and 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.

In regard to this, the defendant is required to recover the original state because the walls and door trussess of the real estate of this case are damaged. 50,000 won is required to clean up the real estate of this case, and the plaintiff is also required to do so.

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