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(영문) 창원지방법원통영지원 2017.05.24 2016가단6315
임대차보증금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from March 1, 2017 to the date of complete payment.

Reasons

In addition to the overall purport of pleadings Nos. 1 and 2, in addition to the whole purport of pleadings, the original Defendant may recognize the fact that (i) on May 21, 2015, the lease deposit was concluded between KRW 30,000,000 and June 29, 2015 with respect to the lease deposit for the housing Nos. 203 (hereinafter “instant housing”) among the four-story reinforced concrete roof built of reinforced concrete concrete concrete structure C at the same time on May 21, 2015, and (ii) on June 30, 2015 to June 29, 2016, the Defendant continued to reside in the instant housing and continuously delivered the said housing upon request of the buyer who acquired the ownership by auction around February 2017.

According to the above facts, since the lease contract between the plaintiff and the defendant has been terminated, the defendant is obligated to pay the lease deposit to the plaintiff.

However, the Plaintiff claimed for the payment of damages for delay of the lease deposit from June 30, 2016, after the termination date of the lease agreement, but since the Plaintiff’s obligation to return the real estate and the Defendant’s obligation to return the lease deposit are in the simultaneous performance relationship, the Plaintiff may claim for damages for delay on the obligation to return the lease deposit after the delivery of the said

Therefore, the Defendant is obligated to pay to the Plaintiff the lease deposit KRW 30,000,000 and damages for delay calculated by the rate of 15% per annum from March 1, 2017 to the date of full payment after the Plaintiff’s return of the instant house.

Thus, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.

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