(영문) 서울북부지방법원 2019.07.11 2019가합22184

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(영문) 서울북부지방법원 2019.07.11 2019가합22184

임대차보증금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. On December 23, 2014, the Plaintiff leased the instant apartment from the Defendant with the term of KRW 350,000,000, and the term of lease from February 7, 2015 to February 6, 2017, and paid the said lease deposit to the Defendant.

B. On November 26, 2016, the Plaintiff and the Defendant renewed the lease contract for the instant apartment, and set the lease deposit as KRW 360,000,000, and the contract period from February 7, 2017 to February 6, 2019, and the Plaintiff paid KRW 10,000,000 to the Defendant increased lease deposit.

(hereinafter “instant lease agreement”). C.

On November 17, 2018, the Plaintiff expressed his/her intent to refuse to renew the instant lease agreement to the Defendant.

When the Defendant requested the postponement of the payment date of the lease deposit, the Plaintiff demanded the Defendant to refund the lease deposit by March 31, 2019.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. The gist of the Plaintiff’s claim is to seek the return of the lease deposit upon the termination of the instant lease agreement to the Defendant.

In addition, the plaintiff asserts that the defendant's right to simultaneous performance has expired since it provided sufficient performance for the delivery obligations of the apartment of this case. The defendant asserts that the defendant is liable to pay damages for delay for the lease deposit from April 1, 2019 to the date on which the return of the lease deposit is completed.

3. Determination on the cause of the claim

A. We examine the claim for return of deposit for lease.

According to the above facts, the lease contract of this case was terminated on February 6, 2019.

However, according to the purport of the Plaintiff’s evidence No. 2 and the entire pleadings, the Defendant was found to have returned KRW 360,000,000 to the Plaintiff on April 4, 2019, and the Plaintiff’s claim for the return of the lease deposit against the Defendant was extinguished, and thus, the Plaintiff’s claim for this portion is rejected.

(b)the following damages for delay:

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