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(영문) 창원지방법원진주지원 2019.08.21 2019가합206
임대차보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 240,00,000 and the interest rate of KRW 12% per annum from May 31, 2019 to the date of full payment.

Reasons

1. The following facts of recognition are recognized, either in dispute between the parties or in full view of the respective entries in Gap evidence 1 to 5 (including the Serial Numbers), and the purport of the entire pleadings:

A. On March 30, 2017, the Plaintiff entered into a contract with the Defendant for the lease of C and D deposit amounting to KRW 240 million from the Defendant, and the lease period from April 25, 2017 to April 24, 2019 (hereinafter “instant lease contract”), and paid the Defendant the deposit amounting to KRW 240 million.

B. On March 11, 2019 and April 1, 2019, the Plaintiff sent to the Defendant each proof that he/she had no intent to renew the contract after the expiration of the instant lease agreement.

C. On May 30, 2019, the Plaintiff delivered the said No. D, such as returning the key to the Defendant.

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff a deposit of KRW 240 million under the instant lease agreement and damages for delay calculated at the rate of 12% per annum as the Plaintiff seeks from May 31, 2019 to the date of full payment, which is the following day after the Plaintiff returned the leased object to the Defendant upon the termination of the instant lease agreement.

3. In conclusion, the claim of this case is justified and it is so decided as per Disposition.

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