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(영문) 대구지방법원서부지원 2020.05.20 2020가단50642
임대차보증금
Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of 5% from December 28, 2019 to January 8, 2020, respectively.

Reasons

1. Facts of recognition;

A. On October 21, 2016, the Plaintiff leased D (hereinafter “instant housing”) from the Defendant during the period from December 21, 2016 to February 19, 2019, with the lease deposit of KRW 55 million and the lease term of KRW 15 million from December 20, 2016 to December 19, 2019.

The Plaintiff paid the Defendant the lease deposit amount of KRW 5 million on October 21, 2016, and KRW 50 million on December 20, 2016, and KRW 55 million on December 20, 2016, and resided in the instant house upon delivery.

B. On December 24, 2019, the Plaintiff completed the registration of housing lease in accordance with the Seoul Northern District Court Decision 2019Kadan10332 on the instant housing, and delivered the said housing to the Defendant on December 27, 2019 and removed the said housing.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the lease deposit amount of KRW 55 million and damages for delay calculated at the rate of 5% per annum under the Civil Act from December 28, 2019 to January 8, 2020, the delivery date of the instant payment order, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

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

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