(영문) 춘천지방법원원주지원 2015.01.27 2014가단2906

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(영문) 춘천지방법원원주지원 2015.01.27 2014가단2906

임차보증금반환

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1. The Defendant’s KRW 41,553,00 for the Plaintiff and KRW 5% per annum from May 16, 2014 to January 27, 2015.

Reasons

1. On January 2010, the Plaintiff: (a) leased from the Defendant the lease deposit amount of KRW 50 million for the lease deposit; (b) from January 19, 2010 to January 18, 2014; (c) leased from the Defendant KRW 2,00,000,000,000,000 from January 19, 201 to January 18, 2014; and (d) leased from the Defendant KRW 5,000,000,000,000 from January 5, 2014 (hereinafter “instant lease agreement”); (c) around that time, the lease agreement for the lease of KRW 5,00,000,000 to the Defendant; and (d) the Plaintiff paid the lease agreement for the lease of KRW 60,000,000 to the Defendant; and (e) the Plaintiff’s testimony between the parties to the instant building, the expiration of the period of validity of the agreement.

Thus, the lease contract of this case terminated on January 18, 201 as the expiration date.

Therefore, the defendant is obligated to pay to the plaintiff the lease deposit amounting to KRW 50 million and the delay damages from May 16, 2014, the following day after the delivery of the building of this case, except in extenuating circumstances.

Furthermore, the Plaintiff also sought payment for delay from January 19, 2014, the day following the termination date of the instant lease agreement. However, since the lessor’s obligation to return the lease deposit and the lessee’s obligation to deliver the leased object are concurrently performed, it cannot be said that the Defendant’s obligation to return the lease deposit was delayed until the Plaintiff delivers the instant building to the Defendant.

Therefore, the plaintiff's claim for this part cannot be accepted.

2. Judgment on the defendant's assertion of mutual aid

A. 1 The parties’ assertion 1) The same money below the defendant’s assertion should be deducted from the lease deposit (hereinafter referred to as the “each of the claims”) with the content of each claim specified in paragraphs 1 through 5.

(2) KRW 6 million out of the rent for 30 months from July 7, 2011 to KRW 300,000 among the rent for 18 months until June 201.

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