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(영문) 의정부지방법원 2021.02.09 2020가단3796
임대차보증금
Text

1. The Defendant’s KRW 70 million and its relation to the Plaintiff’s KRW 5% per annum from October 29, 2019 to August 16, 2020.

Reasons

1. According to the evidence presented by the Plaintiff as to the cause of the claim and the purport of the entire legal theory, the Plaintiff leased three-story D from the Defendant among the three-story C-ground buildings at Guri-si on April 11, 2017, and paid the Defendant the lease deposit amount of KRW 70 million around that time, and the Plaintiff may recognize the fact that the Plaintiff returned the leased object to the Defendant on August 28, 2019, after the lease term expires, and completed the move-in report by moving the leased object to the Southern-si office on August 28, 2019.

According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff delayed damages calculated at a rate of 5% per annum prescribed in the Civil Act from October 29, 2019 to August 16, 2020, when the copy of the complaint in this case was delivered to the defendant from October 29, 2019, the day after the delivery date of the lease object of the plaintiff, and 12% per annum prescribed in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment (the part in excess of the claim for delayed damages of the plaintiff shall not be accepted). 2. The defendant's judgment on the defendant's assertion was prepared with the total amount of the lease deposit in this case, but the plaintiff was not able to return the lease deposit to the plaintiff, and thus the plaintiff's claim is unjust.

However, since the lease registration under the provisions of Article 3-3 of the Housing Lease Protection Act is completed in the state that the lessor does not return the deposit even after the lease contract has already been terminated, it is not interpreted that the lessee is in the simultaneous performance relationship with the obligation to return the deposit of the lessor, which is virtually delayed performing, and to cancel the lease registration to preserve the lessee's right corresponding thereto. In particular, the above lease registration is required to maintain the lessee's opposing power or preferential repayment right.

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