임대차보증금
The defendant shall pay 5,000,000 won to the plaintiff.
The plaintiff's remaining claims are dismissed.
The costs of lawsuit are assessed against the defendant.
In addition to the purport of the entire argument in the statement in Gap evidence Nos. 1 through 4, the plaintiff entered into a lease agreement with the defendant on November 9, 2017, stipulating that the plaintiff shall lease the first floor (hereinafter "the real estate of this case") located in Jin-gu Busan (hereinafter "the real estate of this case") from the defendant for the term of KRW 55 million, and the term of November 7, 2019. The plaintiff occupied and used the real estate of this case since that time, and the plaintiff demanded the defendant to return the lease deposit upon the termination of the above lease agreement, but it is recognized that the plaintiff failed to return the lease deposit from the defendant.
According to the above facts, the lease contract between the plaintiff and the defendant was terminated upon the expiration of the period.
Therefore, the defendant is obligated to pay 5 million won to the plaintiff the lease deposit.
(1) The plaintiff filed a claim for damages for delay against the lease deposit, but there is no assertion as to whether the plaintiff's obligation to deliver the real estate of this case was fulfilled or provided at the same time with the defendant's obligation to return the lease deposit. Thus, the plaintiff's claim for damages for delay is not accepted since the defendant's obligation to return the lease deposit was not delayed performance). Therefore, the plaintiff's claim for damages for delay is 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.