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(영문) 울산지방법원 2019.03.28 2018가단73951
보증금반환
Text

1. The Defendant’s KRW 90,000,000 as well as the Plaintiff’s annual rate from November 29, 2018 to March 28, 2019.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claim Gap's evidence Nos. 1 and 5, the Plaintiff and the Defendant entered into a lease contract with the Defendant on August 11, 2015, setting the lease deposit amount of KRW 90,00,00 for the second floor among the second floor located in Ulsan-gu, Ulsan-gu, Seoul-gu, the joint ownership of the Defendant and C, and the period from August 28, 2015 to August 28, 2018, and the Plaintiff paid the Defendant the full payment of the lease deposit from August 28, 2015 to August 28, 2015. The Defendant paid the Plaintiff a registration of establishment of lease deposit amount of KRW 90,000,000 for the real estate on August 31, 2015 to the effect that the Plaintiff would incur damages to the Plaintiff on July 20, 2018.

According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff delay damages at each rate of 5% per annum under the Civil Act from November 29, 2018 to March 28, 2019, which is the date following the date when the Defendant agreed to refund the deposit for lease on a deposit basis, until March 28, 2019, which is the date when the Defendant rendered a considerable judgment, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings

(A) The Plaintiff filed a claim for damages for delay from August 29, 2018. However, as seen earlier, the Plaintiff and the Defendant agreed on the deferment of a three-month grace period on August 28, 2018 with respect to the return of the deposit for lease on a deposit basis, which is the last day of the lease on a deposit basis, and thus, this part of the claim is dismissed).

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