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Reasons
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(영문) 의정부지방법원고양지원 2020.05.21 2020가단75091
임대차보증금
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1. The defendant shall pay 120,000,000 won to the plaintiff and 12% per annum from February 6, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On May 13, 2016, the Plaintiff and the Defendant concluded a lease agreement with regard to the second floor D units of the building in Yongsan-gu, Yongsan-gu, Busan Metropolitan City (hereinafter “instant real estate”) owned by the Defendant, setting the lease deposit of KRW 115 million and the term of lease from July 15, 2016 to July 14, 2018, and the Plaintiff paid KRW 115 million to the Defendant.

B. On June 29, 2018, the Plaintiff and the Defendant renewed the said lease agreement and changed the lease deposit amount to KRW 120 million, from July 15, 2018 to July 14, 2019 (hereinafter “instant lease agreement”), and the Plaintiff paid the Defendant the increased lease deposit amount to KRW 5 million.

C. The Plaintiff notified the Defendant that he had no intention to renew the contract prior to the expiration of the instant lease agreement.

The Plaintiff, who did not refund the lease deposit, completed the registration under the order of lease registration (Seoul District Court 2019Kadan5223) on November 18, 2019, pursuant to the order of lease registration (Seoul District Court 2019Kadan5223), and delivered the instant real estate to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Down:

A. According to the above facts of recognition as to the cause of claim, according to the above facts of recognition, the defendant is obligated to pay to the plaintiff 120,000,000 won for lease deposit and delay damages calculated at the rate of 12% per annum from February 6, 2020 to the day of complete payment, which is the day following the delivery of the copy of the application for the payment order of this case.

B. The Defendant asserts to the effect that the Plaintiff cannot comply with the Plaintiff’s claim on the grounds that the Defendant paid KRW 250,000 to the Plaintiff as the loan interest for the instant lease deposit.

According to the evidence Nos. 1 and 2, the fact that the defendant paid KRW 250,00 per month to the plaintiff can be recognized.

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