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(영문) 의정부지방법원고양지원 2020.05.13 2019가단96498
보증금반환
Text

1. As to KRW 170,363,360 among the Plaintiff and KRW 170,000 among them, the Defendant shall pay to the Plaintiff KRW 360,360 on November 2, 2019.

Reasons

1. Basic facts

A. On August 11, 2017, the Plaintiff entered into a contract with the Defendant on the lease deposit amounting to KRW 170 million (in the case of the instant apartment, KRW 17 million shall be paid on the contractual date; KRW 150 million shall be paid on September 25, 2017; and the term of lease shall be from September 25, 2017 to September 24, 2019 (hereinafter referred to as “the instant apartment”).

After that, the Plaintiff paid KRW 170 million to the Defendant according to the above lease agreement, and completed the move-in report on the instant apartment on November 9, 2017.

B. Around July 2019, the Plaintiff notified the Defendant that the instant lease contract will not be renewed.

C. On November 1, 2019, the Plaintiff transferred the instant apartment to the Defendant, and the long-term repair appropriations paid by the Plaintiff on behalf of the Defendant are KRW 363,360.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of determination, since the lease of this case expired on September 24, 2019, the lease of this case is deemed to have expired on September 24, 2019, the defendant is obligated to pay to the plaintiff 170,363,360 won in total (=170,000,000 won in total) and 170,000,000 won in total from November 2, 2019, where the obligation to return the lease deposit after delivery of the apartment of this case is delayed due to delay in payment of the obligation to return the lease deposit after delivery of the apartment of this case, from November 13, 2019 following the delivery of a copy of the complaint stating the plaintiff's declaration of claim for the long-term repair appropriations of this case, and to pay damages for delay by 15% per annum from the next day to May 13, 2020.

The plaintiff is the object leased in 170,000,000 won.

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