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1. The defendant shall pay 165,000,000 won to the plaintiff.
2. The plaintiff's remaining claims are dismissed.
3. The costs of the lawsuit.
Reasons
1. Facts of recognition;
A. On June 9, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 165,00,000, and the lease period of KRW 2 years from July 22, 2013 to July 21, 2015.
B. On June 9, 2013, the Plaintiff paid the Defendant the down payment of KRW 15,000,000 out of the lease deposit, and paid the remainder KRW 150,000,000 on July 22, 2013.
C. At the same time, the Defendant agreed to receive the remainder of KRW 150,00,000 from the Plaintiff as the remainder of the lease deposit, and at the same time, to cancel the registration of creation of a neighboring mortgage of KRW 48,00,000 for the maximum debt amount set out in the name of the Seoul Agricultural Cooperative in the name of the Nam-gu Seoul Agricultural Cooperative. However, on July 22, 2013, the Defendant did not cancel the registration of creation of a neighboring mortgage even
Accordingly, on April 22, 2014, the Plaintiff and the Defendant agreed to terminate the instant lease agreement as of July 31, 2014.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. According to the above facts of recognition, the instant lease contract was terminated on July 31, 2014 by agreement between the Plaintiff and the Defendant, and thus, the Defendant is obligated to pay the Plaintiff KRW 165,00,000,000.
In addition, the Plaintiff also claims damages for delay from August 1, 2014 to the date of full payment of the above lease deposit.
However, since a lessor’s obligation to return a lease deposit after the termination of a lease agreement is concurrently performed with the lessee’s obligation to deliver the leased object (see, e.g., Supreme Court Decisions 91Da35823, May 12, 1992; 2006Da39720, Oct. 13, 2006). As long as a lessee does not lose the lessor’s right to defense of simultaneous performance by performing the obligation to deliver the leased object or by providing lawful performance, the lessor is liable for damages arising from the delay in the repayment of the lease deposit.