logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2021.02.04 2020가단4711
임대차보증금
Text

The defendant shall deliver the real estate listed in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 50 million to the plaintiff.

Reasons

The fact that there is no dispute, Gap evidence Nos. 1 through 7, and the purport of the whole theory on changes, the plaintiff leased real estate listed in the separate sheet from the defendant on March 24, 2015 to March 24, 2017. The plaintiff paid the lease deposit of KRW 50 million to the defendant on March 24, 2017, and around that time, the lease contract between the defendant was implicitly renewed, and ③ the plaintiff proves the defendant's intention to terminate the lease contract from early 2020 to July 29, 2020 through proof of the contents of text message of telephone communications, etc. At that time, it is recognized that three months have passed since each declaration was delivered to the defendant, and since the date when the defendant was notified of the plaintiff's intention to terminate the lease contract, three months have passed since the date when the argument of this case was terminated.

The plaintiff is seeking to pay to the defendant the deposit amount of KRW 50 million upon the termination of the lease contract, and damages for delay.

Therefore, inasmuch as a lessor’s obligation to return a lease deposit arising from the termination of a lease agreement is concurrently performed with the lessee’s obligation to return the leased object, and is in possession of the Plaintiff without returning the real estate indicated in the separate sheet (Counterclaim) on June 10, 2010, see Supreme Court Decision 2010Da18263, 200Da 18270, etc., the Defendant is obligated to pay the Plaintiff the deposit amount of KRW 50,000,000,000,000,000 to the Plaintiff upon delivery of the said real estate from the Plaintiff upon the termination of the lease agreement (the Plaintiff’s claim for excess thereof is without merit).

arrow