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1. The defendant shall pay 350,000,000 won to the plaintiff and 12% per annum from October 20, 2020 to the day of complete payment.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Article 208 (3) 3 of the Civil Procedure Act of the applicable Act;
3. The Plaintiff seeking a payment of damages for delay for lease deposit from January 25, 2020, after the expiration of the lease term with the Defendant. The Defendant’s obligation to return the lease deposit to the Plaintiff is in the simultaneous performance relationship with the Plaintiff’s obligation to deliver the leased object.
According to the overall purport of Gap evidence Nos. 3, 4, 6, and 9 and the arguments, the plaintiff expressed to the defendant on December 11, 2019 that he/she had sent a document verifying the contents of Kakakao Stockholm message or content, but the defendant did not reply to this, and the defendant was informed of the plaintiff's contact, and the fact that the plaintiff retired from the leased object on September 2, 2020 is recognized, and the fact that the evidence statement of the plaintiff's eviction was delivered to the defendant on October 19, 2020 is apparent.
According to the above facts, since the plaintiff provided the defendant with the obligation to deliver the leased object on October 19, 2020, the defendant is liable for delay of the lease deposit from the following day, and there is no evidence to deem that there was the provision of the plaintiff's performance before it, and there is no delay liability until October 19, 2020.
Therefore, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 12% per annum from October 20, 2020 to the date of complete payment of the lease deposit amounting to 350,000,000 won. The plaintiff's remaining damages for delay is without merit.