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(영문) 춘천지방법원속초지원 2020.05.12 2019가단1475
임대차보증금 반환
Text

1. The defendant shall pay 150,000,000 won to the plaintiff and 12% per annum from December 13, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 6, 2012, the Plaintiff entered into a lease agreement between the Defendant and Geumcheon-gu Seoul Metropolitan Government Building D (hereinafter “instant housing”) with respect to the lease deposit of KRW 120 million and the term of lease from November 12, 2012 to November 11, 2014, and paid the lease deposit to the Defendant.

B. After that, the Plaintiff and the Defendant extended the above lease contract two times (up to November 11, 2018) and set the lease deposit amount of KRW 30 million to KRW 150 million. The Plaintiff paid the lease deposit amount of KRW 30 million increased to the Defendant.

C. Upon the expiration of the lease term, the Plaintiff was unable to refund the lease deposit from the Defendant on October 28, 2019, and completed the registration of the lease of the instant housing pursuant to the Seoul Southern District Court Order 2019Kau288, Seoul Southern District Court Order 2019Kau288, and retired from the instant housing on November 14, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount of KRW 150,000,000,000 as lease deposit and the interest calculated at the rate of 12% per annum from December 13, 2019 to the date of full payment, as the Plaintiff seeks.

B. The plaintiff sought payment of KRW 300,000 to the defendant, but there is no ground to seek payment. Thus, the plaintiff's assertion on this part is not accepted.

3. According to the conclusion, the plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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