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(영문) 서울중앙지방법원 2020.08.13 2019가합542498
임대차보증금반환
Text

1. The Defendant’s KRW 250,000,000 as well as 5% per annum from August 14, 2017 to September 25, 2019 to the Plaintiff.

Reasons

In full view of the facts in the statements in Gap evidence Nos. 1 through 3, the plaintiff entered into a lease agreement to lease the real estate listed in the separate sheet (hereinafter "the building of this case") with the defendant on July 14, 2015 (hereinafter "the building of this case") with the term of August 14, 2015 to the term of August 14, 2015 to the term of August 13, 2017, and then deliver the building of this case from the defendant around that time. The contract of this case terminated after the lapse of August 13, 2017, and the plaintiff delivered the building of this case to the defendant on August 13, 2017.

According to the above facts, the defendant is obligated to pay to the plaintiff the lease deposit amount of KRW 250,00,000 and damages for delay calculated at each rate of 5% per annum prescribed by the Civil Act from August 14, 2017 to September 25, 2019, which is obvious from the date following the delivery date of the building of this case, to the date of delivery of the copy of the complaint of this case to the defendant, and 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

On the other hand, since the obligation to return the lease deposit and the obligation to deliver the object of the lease are in the simultaneous performance relationship, the obligation to return the lease deposit from the day after the delivery date of the building of this case is delayed.

Therefore, the Plaintiff’s claim seeking the payment of damages for delay calculated at the rate of 5% per annum even on August 13, 2017, which is the delivery date of the instant building, is rejected.

Therefore, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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