Of the instant lawsuit, the part on the claim for damages for delay is dismissed.

The defendant shall enter the attached list from the plaintiff.

1. Determination as to the legitimacy of the part claiming delayed damages in the instant lawsuit, the Plaintiff shall seek against the Defendant the payment of delayed damages calculated at the rate of 12% per annum from the day following the day of delivery of the instant real estate to the day of full payment.

This part of the lawsuit is the lawsuit claiming for payment of delayed damages in advance in preparation for the fact that the Defendant did not pay the said lease deposit to the Plaintiff even after the right of defense for simultaneous performance was extinguished upon the delivery of the instant real estate.

A claim for performance can be filed in advance (Article 251 of the Civil Procedure Act). In this context, where a claim is required to be filed in advance, the term "if a claim is made in advance" refers to the case where a debtor is unable to expect the voluntary performance when the due date comes or the conditions are met because the debtor claims the existence of the obligation from the beginning in advance. It is necessary to file a claim in advance on the sole basis that there is a circumstance that the execution becomes difficult due to the debtor's insolvency when the due date becomes due or when the conditions are met or when the requirements are met.

Nor can it be deemed (see Supreme Court Decision 2000Da25576, Aug. 22, 2000, etc.). The evidence submitted by the Plaintiff alone is insufficient to recognize that it is necessary to file a claim in advance in relation to the claim under this part, and there is no other evidence to acknowledge it.

Therefore, this part of the lawsuit by the plaintiff is not recognized as requiring a prior claim.

2. The Plaintiff leased the instant real estate from the Defendant during the period from June 26, 2018 to June 25, 2020 according to the following facts: (a) there is no dispute over the cause of the claim; (b) the written evidence in Gap’s evidence Nos. 1 to 6 (including branch numbers); and (c) the purport of the entire pleadings.