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(영문) 전주지방법원정읍지원 2019.04.02 2018가단13606
임차보증금반환
Text

1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 39,00,000 to the plaintiff.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 3 as to the cause of the claim, the plaintiff entered into a lease contract with the defendant on December 10, 2010, with respect to the real estate listed in the attached list owned by the defendant as KRW 39,00,000, annual rent of KRW 300,000, annual rent of KRW 36 months, and the lease term of KRW 36 months (hereinafter "the lease contract in this case"). It is recognized that the plaintiff paid KRW 39,00,000 to the defendant around that time, and the fact that the lease in this case terminated on February 15, 2019 by the plaintiff's notice of termination as of November 14, 2018 is without dispute between the parties. Thus, the defendant is obligated to pay the plaintiff the lease deposit money of KRW 39,00,000 and delay damages, barring special circumstances.

The defendant's simultaneous performance defense as to the defendant's assertion, etc. shall be the defense of simultaneous performance that the plaintiff cannot respond to his/her claim until the real estate stated in the separate sheet is delivered from the plaintiff

In the lease of real estate, the deposit that the lessee pays to the lessor is secured by all the obligations of the lessee arising from the lease relationship until the lease relationship terminates and the lessee returns the object. In the absence of any nonperformance by the lessee, the full amount shall be returned. If the lessee fails to pay the rent, is liable for damages incurred by the loss of or damage to the object, or bears the obligation to compensate for losses incurred by the use of the object or to return unjust enrichment by the time when the object is returned after completion of the lease, the lessor shall deduct it from the deposit and return only the remainder. Thus, when the lease relationship terminates, the obligation to return the deposit shall reach the due date only for the remainder after deducting all obligations of the lessee, such as overdue rent arising from the time the object is returned, from

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