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(영문) 서울북부지방법원 2018.12.19 2018가단130814
보증금반환
Text

1. The Defendant’s KRW 180,000,000 as well as 5% per annum from August 4, 2018 to August 16, 2018, and the following.

Reasons

1. Facts of recognition;

A. On May 22, 2015, the Plaintiff and the Defendant concluded a lease agreement of KRW 180,000,000 for the lease deposit from May 26, 2015 to May 26, 2017 with respect to subparagraph 401 of Gwangju City.

B. On August 3, 2018, the Plaintiff handed over the above No. 401 to the Defendant and moved in.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. According to the facts of determination, the Defendant is obligated to pay to the Plaintiff the lease deposit of KRW 180,00,000 and damages for delay calculated at the rate of 5% per annum under the Civil Act from August 4, 2018 to August 16, 2018, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

The defendant asserts that the lease contract is implicitly renewed.

However, according to the evidence mentioned above, the defendant's defense is not accepted since the plaintiff expressed his/her intention to refuse the renewal at least three months prior to the expiration of the lease term.

3. citing the Plaintiff’s claim for conclusion

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