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(영문) 서울남부지방법원 2017.08.09 2017가단5307
임대차보증금
Text

1. The Defendant’s KRW 53 million to the Plaintiff, as well as 5% per annum from January 3, 2015 to April 13, 2017.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence No. 1 and No. 3 as to the cause of the claim, the plaintiff leased a building No. 2 of Yongsan-gu Seoul Metropolitan Government Branch of Yongsan-gu from the defendant on February 14, 201 to March 4, 2012, with a lease deposit amount of KRW 58 million from March 5, 2011 to March 4, 2012, and paid lease deposit, ② the lease period has been extended through an implied renewal, but the above building was sold through an auction of D Real Estate by the Seoul Western District Court of Seoul Western District, but the building was delivered on January 2, 2015 when only five million won was returned from the defendant.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff 53 million won unpaid lease deposit (i.e., KRW 58 million - five million) and to pay 5% per annum as prescribed by the Civil Act from January 3, 2015 to April 13, 2017, a copy of the instant complaint was served on the Defendant from January 3, 2015 following the day when the Plaintiff delivered the said building to the Defendant, and 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment.

2. The plaintiff's claim for the conclusion is justified and it is so decided as per Disposition.

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