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(영문) 인천지방법원부천지원 2015.01.21 2014가합7772
임대차보증금반환
Text

1. The Defendant’s KRW 600,000,000 per annum from August 24, 2007 to December 10, 2014 to the Plaintiff.

Reasons

1. Indication of claim;

A. On December 22, 2004, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the first floor of the building “D History” located in Seocheon-gu, Seocheon-gu, Busan (hereinafter “instant building”), which is owned by the Defendant, and paid KRW 300 million to the Defendant as the down payment under the instant lease agreement on the same day.

1. 부동산의 표시 : 이 사건 건물 1층 사우나가운 대여점 및 스낵점

2. Lease deposit: 60 million won (contract deposit amount of 300 million won, the balance of 300 million won).

3. Contract term: 36 months from the commencement date of service;

나. 원고는 피고에게 2004. 12. 31. 1억 원, 2005. 1. 7. 1억 원, 2005. 1. 18. 5,000만 원, 2005. 1. 30. 5,000만 원을 각 지급하여 잔금 3억 원의 지급을 완료하고, 2005. 1. 22.경 이 사건 건물 1층에서 사우나가운 대여점 및 스낵점 영업을 개시하였다.

C. On August 23, 2007, when the building of this case was knocked out to a third party through an auction procedure, the plaintiff terminated the above business and removed from the above building, and thereby the lease contract of this case was terminated.

Therefore, as the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff 60 million won and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from August 24, 2007 to December 10, 2014, which is the day following the termination date of the instant lease agreement, and 20% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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