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(영문) 서울서부지방법원 2015.09.18 2015가단205751
임대차보증금
Text

1. The Defendant shall pay to the Plaintiff KRW 2,873,714 and a rate of KRW 20% per annum from April 23, 2015 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On March 22, 2012, the Plaintiff, as a lessee, concluded a lease agreement with the Defendant, who is the lessor, regarding the No. 402 on board (hereinafter “instant house”) that linked each point, among the third floor of the real estate listed in the separate sheet No. 1 as indicated in the separate sheet No. 2 (hereinafter “instant lease agreement”) from the third floor to April 22, 2012, as stipulated in the separate sheet No. 85,00,000, and the period from April 23, 2012 to April 22, 2014 (hereinafter “instant lease agreement”).

B. The Plaintiff paid KRW 85,00,000 to the Defendant by April 23, 2012, and obtained a fixed date on April 24, 2012 after moving into the instant house.

C. The Plaintiff expressed his/her intent to refuse renewal to the Defendant two months prior to the expiration of the term of the instant lease agreement, but failed to refund the lease deposit from the Defendant, and on December 30, 2014, the Plaintiff received the house registration order under the Seoul Western District Court Decision 2014Kao2131, and delivered the instant house to the Defendant on February 14, 2015.

On December 30, 2014, the Plaintiff spent 24,300 won in total at the above court and registry office around December 30, 2014 for the application for the registration of the housing lease and the registration of the entries therein.

E. On March 16, 2015, after the filing of the instant lawsuit, the Defendant deposited KRW 82,500,000 as the deposit for lease of the instant lease agreement with the Plaintiff as the depositee.

On the other hand, the Plaintiff reserved an objection on July 2015 and received the deposit money.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 5, Eul 1, the purport of the whole pleadings and arguments

2. Determination

A. According to the above facts finding as to the cause of the claim, since the lease contract of this case expired, the defendant is obligated to pay to the plaintiff the lease deposit and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from the date of delivery of the house of this case to the date of full payment, and Article 3-3 of the Housing Lease Protection Act.

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