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(영문) 대구지방법원김천지원 2020.04.01 2020가단69
전세금 반환
Text

1. The defendant shall pay 75,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. On September 3, 2015, the Plaintiff entered into a lease agreement stipulating that the lease deposit shall be KRW 75,00,000, and the lease term shall be 24 months from September 15, 2015 to September 15, 2017 (hereinafter “instant lease agreement”), and thereafter the instant lease agreement was renewed on April 1, 2019. The Defendant succeeded to the lessor’s status after completing the registration of ownership transfer on the ground of “sale on March 30, 2019.”

The lease contract of this case terminated on September 15, 2019, which is the expiration date of the renewed lease contract. The defendant is obligated to pay 75,000,000 won to the plaintiff.

2. Article 208 (3) 1 of the Civil Procedure Act:

3. The Plaintiff is also entitled to pay damages for delay calculated at the rate of 12% per annum from the next day of the delivery of a copy of the complaint of this case to the day of complete payment with respect to KRW 75,00,000 as lease deposit.

However, in the event that a lease contract is terminated, the duty to deliver the leased object and the duty to return the lease deposit of the lessor are in the simultaneous performance relationship. Thus, unless the lessee does not deliver the leased object, the duty to return the lessor's lease deposit does not go against the delay of performance. Thus, unless there is any assertion as to whether the Plaintiff's obligation to deliver the leased object and the obligation to return the lease deposit was fulfilled or provided as a performance,

However, the defendant shall bear all the costs of lawsuit by applying the proviso of Article 101 of the Civil Procedure Act.

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