A. On January 9, 2017, the Defendant leased the Yongsan-gu Seoul Metropolitan Government C Apartment D (hereinafter “instant apartment”) to the Plaintiff by setting the lease deposit amount of KRW 320,000,000, and the lease term from January 9, 2017 to March 8, 2019.

(hereinafter “Lease of this case”). (b)

On January 16, 2019, while the Plaintiff paid the above lease deposit to the Defendant, notified the Defendant that he does not want to renew the instant lease contract, and delivered the instant apartment to the Defendant on March 25, 2019.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the lease deposit of KRW 320,000,000 as well as the damages for delay calculated at the rate of 5% per annum under the Civil Act from March 26, 2019 to June 28, 2019, which is the day following the day when the Plaintiff delivered the apartment of this case (it is reasonable to resist the scope of the Defendant’s obligation to perform until then) and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

B. As to this, the defendant has made best efforts to raise the deposit money for the lease of the apartment of this case with the color of a new lessee, but argued to the effect that the situation of the apartment of this case is somewhat delayed in finding a lessee due to the lack of good condition, but such circumstance alone does not lead to the deferment of the duty to return the deposit money to the plaintiff.

3. Therefore, the plaintiff's claim of this case is partially accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.