logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2017.05.12 2017가단971
임차보증금
Text

1. The Defendant shall pay to the Plaintiff KRW 43,00,000 and the interest rate of KRW 15% per annum from December 31, 2016 to the date of full payment.

Reasons

1. Examining the purport of the entire pleadings in addition to the written evidence Evidence Nos. 1-1 and 2 as to the cause of the claim, the Plaintiff: (a) on February 5, 2013, determined and leased KRW 201 from the Defendant during the period from April 15, 2013 to April 14, 2014; (b) around that time, KRW 43 million was paid to the Defendant; (c) the Plaintiff and the Defendant extended the lease period on November 25, 2014 until December 15, 2015; and (d) the fact that the period of lease extended by the Defendant until December 15, 2015, which is the date of the closing of argument, is clear that the period of lease extended as of December 15, 2015.

According to the above facts, since the lease contract for 201 among the instant building between the Plaintiff and the Defendant terminates on December 15, 2015 with the expiration date, the Defendant is obligated to pay to the Plaintiff a deposit of KRW 43 million and damages for delay calculated by the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from December 31, 2016 to the day of full payment, which is the day following the delivery date of the original copy of the instant payment order.

2. As to the Defendant’s assertion, the Defendant concluded a contract with D on November 13, 2015 to exchange the instant building owned by D and the Defendant with the land of four parcels owned by D, and the contract was not implemented, and the Plaintiff is unable to return the deposit to the Plaintiff. However, on such circumstance, the Defendant’s assertion is without merit, since the return of the deposit cannot be refused to the Plaintiff.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

arrow