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Reasons
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(영문) 대구지방법원김천지원 2020.02.12 2019가단4430
임차보증금
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1. The defendant shall pay 43,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Facts of recognition;

A. On March 5, 2013, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 43,000,000 and the lease term from March 7, 2013 to March 6, 2015 (hereinafter “instant lease agreement”).

B. Since then, the instant lease was renewed. From March 2019, the Plaintiff requested the Defendant to return the lease deposit, along with the notice of termination of the instant lease. The Plaintiff expressed his/her intent to terminate the instant lease by delivering a copy of the complaint in the instant case.

C. Meanwhile, the plaintiff is currently residing in the building of this case.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts finding as to the claim for the refund of lease deposit, the lease contract of this case was lawfully terminated at the time of the lapse of three months from the time when a copy of the complaint of this case was served on the defendant, and as long as the lease contract of this case was terminated, the defendant is obliged to pay 43,000,000 won to the plaintiff.

As to this, the defendant asserts that there are many vacant rooms, and thus, he cannot refund the lease deposit, but this is not a reason to refuse the plaintiff's claim for the refund of the lease deposit. Therefore, the defendant's above assertion is rejected.

B. As to the claim for damages for delay, the Plaintiff is also entitled to the payment of damages for delay calculated at the rate of 12% per annum from the day following the delivery of the original copy of the instant payment order to the day of full payment with respect to KRW 43,00,000.

However, if the lease contract is terminated, the lessee's obligation to deliver the leased object and the lessor's obligation to return the lease deposit are concurrently performed.

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