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1. The Defendant’s KRW 40,000,000 as well as annual 5% from June 14, 2018 to June 20, 2018 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 7, 2017, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit of KRW 40,000,000, and the lease deposit of KRW 40,000 from March 13, 2017 to March 12, 2018, with respect to the lease deposit of KRW 503 (hereinafter “instant studio”).
B. The above lease agreement terminated on March 12, 2018, and the Plaintiff returned the studio to the Defendant around June 13, 2018.
[Ground of Recognition] Gap evidence No. 1 (Lease of Lease Contract, Gap evidence No. 2 (Receipt), Gap evidence No. 5 (Statement of Letters and Videos)
2. The Plaintiff, which caused the claim, seek the return of the above lease deposit and the payment of damages for delay.
3. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;
4. Partial dismissal.
A. The Plaintiff also claims against the Defendant for the amount of KRW 40,000,000, based on the annual rate of 5% from March 13, 2018 to June 13, 2018, which is the day following the date of the lease agreement of this case.
B. However, a lessee’s obligation to return the leased object and a lessor’s obligation to return the leased deposit are both simultaneous performance relationships. If both obligations are jointly performance relationships in a bilateral contract, even if one of the parties’ obligation becomes due, the obligor is not liable for the delay of performance until the other party is provided, even if the other party’s obligation becomes due. Such effect does not necessarily arise to the claimant who is not liable for the delay of performance exercise the right of defense for simultaneous performance.
(See Supreme Court Decision 2001Da3764 delivered on July 10, 2001). C.
It is insufficient to recognize that the Plaintiff returned the leased object of this case to the Defendant on April 19, 2017 or continued to provide its performance only with the statement of evidence No. 6, and there is no other evidence to prove otherwise.
A.