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The defendant shall pay 60,000,000 won to the plaintiff.
The plaintiff's remaining claims are dismissed.
The costs of lawsuit are assessed against the defendant.
Reasons
1. On September 3, 2017, the Plaintiff entered into a lease agreement with the Defendant and Gwangju-gu Seoul Building and D as to deposit KRW 60,000,000, and term of lease from October 13, 2017 to October 12, 2019, and received the said real estate after paying the deposit money to the Defendant around that time.
After that, the plaintiff requested the defendant to deliver the above real estate and return the deposit upon the expiration of the lease term, but the defendant does not comply with this.
Therefore, a judgment, such as the purport of the claim, is sought against the defendant.
2. Applicable legal provisions: Judgment without holding any pleadings (Article 208 (3) 1, and Article 257 of the Civil Procedure Act);
3. Some dismissed parts of the plaintiff claimed damages for delay calculated at a rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings for the period from the day after the delivery date of a copy of the complaint of this case until the day of full payment. However, since the tenant's obligation to specify the leased object and the lessor's obligation to return the deposit are related to simultaneous performance, in order to extinguish the lessor's right to defense of simultaneous performance and to recognize the lessor's obligation to return the deposit deposit, the lessee must provide the lessor with the explanation of the leased object. However, there is no evidence to deem that the plaintiff provided the defendant with the explanation of the real estate