임차보증금반환
1. The defendant shall pay 45,000,000 won to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
1. Comprehensively taking account of the respective descriptions and the overall purport of arguments as to Gap evidence Nos. 1 through 6, the Plaintiff leased the Yeongdeungpo-gu Seoul Metropolitan Government Ground Building E (hereinafter “instant building”) from the Defendant during the period from October 2, 2016 to October 1, 2018, with a deposit of KRW 45,000,000, and the term of existence from October 2, 2016 to October 1, 2018, and around that time, paid the Defendant a deposit of KRW 45,00,000, and the Plaintiff notified the Defendant of his/her intention not to renew the instant building agreement on June 2018.
According to the above facts, the lease contract on the instant building terminated on October 1, 2018, which is the end of the term of existence, and thus, barring any special circumstance, the Defendant is obligated to return the deposit amount of KRW 45,000,000 to the Plaintiff.
2. As to this, the Defendant informed the Plaintiff of the date on which the Plaintiff would move, and asserted that the director would be different on that date, and the Defendant asserted to the effect that the right to defense of simultaneous performance regarding the delivery of the instant building is exercised.
However, in full view of the statements and the purport of the whole arguments as stated in the evidence Nos. 3 and 4, the Plaintiff may recognize the fact that the instant lease contract was terminated and the Plaintiff was a director in the instant building around May 2019, which was after the Defendant’s right of defense was exercised, and the key was delivered to the Defendant through the Defendant’s attachment.
Therefore, since the defendant has completed the delivery of the building of this case, the defendant's defense is without merit.
3. If so, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition with the assent of all participating Justices.