전세금반환
The defendant shall pay 105,00,000 won to the plaintiff and 12% per annum from February 19, 2020 to the day of complete payment.
On October 27, 2016, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit of 140,000,000,000 won and the lease period from November 8, 2016 to November 8, 2018 with respect to Kimhae-si D (hereinafter “instant real estate”), and paid the Defendant deposit of 140,000,000 won. The Plaintiff requested the return of the deposit to the Defendant before the expiration of the lease period. The Defendant paid only 35,00,000 won to the Plaintiff on April 4, 2019, and the Plaintiff delivered the instant real estate to the Defendant after completing the registration of the lease of the instant real estate on August 2, 2019, without any dispute between the parties to the instant real estate or by comprehensively taking into account the purport of the entire pleadings as stated in Gap evidence 1 through 3.
According to the above facts, the defendant is obligated to pay to the plaintiff the remaining deposit KRW 105,00,000 (=140,000,000 - partial payment of KRW 35,00,000) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 19, 2020 to the date of complete payment, as the plaintiff seeks.
The defendant asserts that the remaining security deposit should be adjusted in consideration of the 6-time interest payment on the deposit for lease deposit and the damages on the part damaged by the plaintiff.
However, in this case where the plaintiff sought damages for delay from February 19, 2020, which is the day following the delivery date of a copy of the complaint of this case concerning the remaining deposit, the plaintiff has any right to the plaintiff as to the above damages for delay paid by the defendant prior to the filing of the suit of this case.
It is deemed that the said money should be deducted from the deposit for the pre-paid tax.