logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원강릉지원 2015.06.23 2014가합1594
임차보증금반환
Text

1. The Defendants jointly share the delivery of real estate stated in the separate sheet from the Plaintiff and jointly do so to the Plaintiff on 250.

Reasons

1. Comprehensively taking account of the overall purport of evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff paid from the Defendants the lease deposit of KRW 250 million, and the lease deposit of KRW 100 million from March 10, 2009 to March 9, 2010 (hereinafter “instant lease contract”). ② Under the above contract, the Plaintiff paid the Defendants the lease deposit of KRW 50 million on the date of the said contract, KRW 10 million, and KRW 250 million on March 10, 2009, and KRW 100 million on March 2, 2009, and KRW 250 million on the delivery of the instant building from the Defendants around that time. According to the above lease agreement, the Plaintiff completed the lease agreement with the Defendants on March 10, 201.

As such, the Defendants, a joint lease of the instant building, are jointly obligated to pay to the Plaintiff the lease deposit amount of KRW 250 million and damages for delay at the rate of 5% per annum from the day after the day when the delivery of the instant building is completed to the day of complete payment, as requested by the Plaintiff, at the same time as the delivery of the instant building from the Plaintiff.

[The duty to pay the lease deposit of this case and the duty to deliver the building of this case are in simultaneous performance relation (see Supreme Court Decision 77Da1241, Apr. 12, 2010). The Defendants, as the Defendants, are liable for delay after receiving a provisional attachment order on April 15, 2010 upon receiving a provisional attachment order on the building of this case from the Plaintiff, on the following day (see Supreme Court Decision 97Da54604, Apr. 13, 1998; Supreme Court Decision 97Da54604, Apr. 13, 1998; Supreme Court Decision 2000, Apr. 12, 2010).

arrow