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1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 12% per annum from October 20, 2019 to the date of full payment.
Reasons
1. Determination on the cause of the claim
A. Comprehensively taking account of the overall purport of the pleadings in the statement No. 1 through No. 4, the Plaintiff entered into a lease agreement with the Defendant on June 23, 2017, with respect to the lease deposit with the former Special Self-Governing City, Nowon-gu, Seoul (hereinafter “instant real estate”), with the lease deposit amount of KRW 60,000,000, and the term of the lease from July 13, 2017 to July 12, 2019 (hereinafter “instant lease agreement”). Since the Plaintiff paid KRW 1,00,000 as the contract deposit date, and the remaining amount of KRW 59,00,000 as the remainder on July 13, 2017, the Plaintiff paid KRW 60,000,000 as the deposit for lease, the Plaintiff’s obligation to pay the lease deposit to the Plaintiff at the rate of KRW 10,000,000,000 as the expiration date of the lease contract between 10,000.19.
B. The Plaintiff filed a claim for the payment of damages for delay at the rate of 12% per annum from the day after the duplicate of the instant complaint was served to the Plaintiff. Thus, even if the lessor does not exercise the right to defense of simultaneous performance, the existence of the right to defense itself prevents the Defendant from exercising the right to defense against the simultaneous performance. The fact that the duplicate of the instant complaint was served on the Defendant on October 13, 2019 is clearly recorded in the record. As seen earlier, the Plaintiff delivered the instant real estate on October 19, 2019. As such, the Plaintiff cannot be deemed the Defendant from the day following the delivery of the duplicate of the instant complaint until October 19, 2019, to the day after the delivery of the duplicate of the instant complaint, and thus, the Defendant is not liable for delay for the refund of the lease deposit. Therefore, the claim for damages for delay is without merit.
2. Conclusion.