임대차보증금
1. The Defendant shall pay to the Plaintiff KRW 32,80,000 and the interest rate of KRW 12% per annum from October 24, 2019 to the day of full payment.
Comprehensively taking account of the respective descriptions and arguments set forth in subparagraphs 1 through 5, the Plaintiff entered into a lease agreement with the Defendant on October 5, 2018, setting the lease deposit amount of KRW 32,800,000 and the lease deposit of KRW 32,800,000 from October 7, 2018 to October 6, 2019. On the same day, the Plaintiff paid the Defendant the above lease deposit of KRW 32,80,000 on the same day, and thereafter, the Plaintiff sent the Defendant a notice on July 24, 2019, demanding the return of the deposit at the time of the termination of the lease agreement, with the content of a written notice demanding the return of the deposit.
According to the above facts, the above lease agreement has expired on October 6, 2019, and the defendant is obligated to pay 32,800,000 won and damages for delay to the plaintiff, except in extenuating circumstances.
As to this, the defendant asserts that the obligation of the plaintiff to deliver the leased object and the obligation of the defendant to return the lease deposit should be fulfilled at the same time, and since the plaintiff still occupies the apartment of this case, the defendant's obligation to return the lease deposit also did not result in delay
In full view of the overall purport of evidence Nos. 6 and 7, the plaintiff was found to have withdrawn from the apartment of this case on October 6, 2019. According to this, the plaintiff has already performed the obligation to deliver the leased object to the defendant, and the obligation to return the lease deposit to the defendant in relation to the simultaneous performance is considered to have been delayed.
Therefore, the first defendant's defense is without merit under different premise.
Therefore, the Defendant’s above lease deposit KRW 32,800,000 and the Plaintiff’s claim against this, shall be from October 24, 2019 to the day of full payment, which is the day following the delivery date of the copy of the instant complaint.