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(영문) 수원지방법원 2020.05.13 2019가합26031
임대차보증금
Text

1. The defendant shall pay to the plaintiff KRW 210,00,000 as well as 5% per annum on October 26, 2019, and shall be paid in full from the following day.

Reasons

1. Basic facts

A. The Defendant is the owner of Suwon-si Kuwon-si C apartment D (hereinafter “instant real estate”).

B. On October 21, 2014, the Plaintiff entered into a lease agreement between the Defendant and the instant real estate with the term of KRW 190,000,000, and the term of the lease from December 26, 2014 to December 25, 2016, and paid KRW 190,000,000.

C. On December 26, 2016, the Plaintiff concluded a lease contract with the Defendant to increase the lease deposit amount to KRW 20,000,000 with respect to the instant real estate, and paid KRW 20,000,000 to KRW 210,000, and the lease term to December 26, 2016 to December 25, 2018.

On October 2018, the Plaintiff and the Defendant agreed to extend the lease term of the above lease by May 31, 2019.

E. The Plaintiff requested the Defendant to return the lease deposit upon the expiration of the lease term on May 2019, but the Defendant did not return the lease deposit to the Plaintiff up to the day.

F. On October 25, 2019, the Plaintiff delivered the instant real estate to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the allegations and the above facts of recognition, the defendant is obligated to pay to the plaintiff the amount of KRW 210,000,000 as lease deposit and the next day after the plaintiff completed the delivery of the real estate of this case to the defendant, and the damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act and 12% per annum as stipulated in the Special Act on Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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