On March 2, 2017, the Plaintiff leased Jeju Island (hereinafter “instant building”) owned by the Defendant as KRW 35,000,000, and as from March 2, 2017, the lease deposit was set at KRW 35,000,000, and paid KRW 35,000,000 on March 2, 2017.

The lease agreement between the Plaintiff and the Defendant expired on March 1, 2019, and the Plaintiff was a director around February 2020.

[Ground of recognition] The lease agreement between the plaintiff and the defendant was terminated as the whole and the purport of the argument were determined as above. Since the plaintiff delivered the building of this case, which is the object of lease, to the plaintiff around February 2020, the defendant is obligated to pay to the plaintiff the lease deposit 35,000,000 won and damages for delay calculated at the rate of 5% per annum under the Civil Act from March 1, 2020, the day following the day when the plaintiff delivered the building, which is the object of lease, until July 20, 2020, which is the day when the plaintiff delivered the building, to the plaintiff.

(1) The Plaintiff is entitled to claim damages for delay from the day following the day on which the duplicate of the instant complaint was served. However, in the event that a lease contract is terminated, the obligation to deliver a house and the obligation to return a lease deposit are concurrently performed. Therefore, the Plaintiff is entitled to claim damages for delay from the day following the day on which the instant building was delivered. Therefore, the Plaintiff’s claim for damages for delay exceeding the recognized portion is not accepted. Accordingly, the Plaintiff’s claim is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit, and is so decided as per Disposition