임대차보증금
1. The defendant shall pay 75 million won to the plaintiff and 15% per annum from January 30, 2018 to the day of full payment.
1. The fact of recognition that the Plaintiff entered into a lease agreement with C on December 10, 2015 with regard to 201 of the Gu Officetel 201 (hereinafter “the instant rental housing”) and entered into a lease agreement with C as to the lease deposit deposit of 75 million won and the lease period of 75 million won from December 11, 2015 to December 10, 2017. The Defendant acquired the instant rental housing from C on May 30, 2016 and succeeded to the lessor’s status by taking over the said office, including the instant rental housing, and succeeded to the lessor’s status. The Plaintiff and the Defendant terminated the said lease agreement on December 8, 2017, the Plaintiff and the Defendant on January 12, 2018, and the fact that the instant rental housing was delivered to the Defendant on January 12, 2018 is recognized in full view of the purport of each evidence stated in subparagraphs 1 through 6.
2. Determination
A. According to the facts of the above recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from January 30, 2018 to the day of full payment, which is the day following the delivery date of the original copy of the instant payment order, which is the day following the delivery date of the instant rental deposit after the termination of the said lease contract.
B. The defendant's assertion on the claim of the defendant argues that the return of the rental deposit due to the expiration of the lease term shall be determined after the lessor and lessee agreed to the plaintiff's unilateral return of the lease deposit, and there is no consent from the defendant and there is an intention to immediately refund the lease deposit immediately after the new lease of the rental house in this case.
However, if the lease contract is terminated due to the expiration, termination, etc. of the lease period, the lessor is obligated to return the rental deposit to the lessee at the same time as the lease is delivered.