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(영문) 대구지방법원 경주지원 2021.01.13 2020가단14300

임대차보증금

Text

1. The defendant pays 120,000,000 won to the plaintiff. 2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Indication of claim;

A. On August 19, 2016, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 120,000,000, and the term of lease from September 5, 2016 to September 4, 2018, with respect to C apartment units D, which are owned by the Defendant, on August 19, 2016.

B. The Plaintiff paid the above security deposit to the Defendant.

(c)

The above lease contract was terminated on September 4, 2018 after the expiration of the period.

(d)

Therefore, the defendant is obligated to refund 120,000,000 won to the plaintiff.

2. Article 208 (3) 3 of the Applicable Civil Procedure Act (Judgment by service of public notice);

3. The Plaintiff seeking partial dismissal from September 5, 2018, after the expiration date of the lease term, to pay delayed damages. However, the Defendant’s obligation to return the lease deposit and the Plaintiff’s obligation to surrender the above apartment is in the simultaneous performance relationship.

Therefore, the defendant is obligated to pay delayed damages for the lease deposit after he received the above apartment from the plaintiff or received the performance of the apartment.

However, there is no evidence to prove that the plaintiff still occupied the above apartment and that the plaintiff provided the performance.

Therefore, the part of the Plaintiff’s claim for delay damages is without merit.