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(영문) 창원지방법원 진주지원 2021.01.14 2020가단4221
임대차보증금반환
Text

1. The defendant shall pay 75,000,000 won to the plaintiff. 2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Determination on the claim for refund of deposit for lease

A. On February 24, 2016, the Plaintiff leased from the Defendant the Hocheon-si apartment D (hereinafter “instant apartment”) for the following reasons: (a) on February 24, 2016, the Plaintiff leased from the Defendant.

The original Defendant agreed to deposit KRW 75,00,000, and the term of lease from February 29, 2016 to February 28, 2018. The Plaintiff paid KRW 75,000,000 to the Defendant around that time.

2) On February 2018, the original Defendant renewed the rental agreement, and on February 2020, the lease agreement was implicitly renewed.

3) On June 15, 2020, the Plaintiff sent to the Defendant a mail proving that he/she would terminate the lease agreement, and the mail proving the above content reaches the Defendant around that time.

[Grounds for recognition] The items in Gap evidence Nos. 1 to 4, and the purport of the whole pleadings

B. Determination 1) Where a lease contract is implicitly renewed, the lessee may notify the lessor of the termination at any time, and the termination becomes effective upon the expiration of three months from the date when the lessor was notified of the termination (Article 6-2(2) of the Housing Lease Protection Act). The Plaintiff, the lessor, notified the Defendant, who was the lessor of the termination of the contract on June 15, 2020. The Defendant received the notification around that time, and thus, the termination becomes effective on September 20, 2020.

Since the lease contract was terminated as above, the lessor is obligated to return the deposit amount of KRW 75,00,000 to the Plaintiff as the lessee.

2. Determination on the claim for damages for delay

A. In addition to deposit KRW 75,00,000, the Plaintiff claimed damages for delay calculated at the rate of 12% per annum from the day following the delivery of a copy of the complaint to the day of complete payment.

B. In doing so, the lessee’s duty to specify the leased object and the duty to return the deposit amount of the lessor may be concurrently performed. Therefore, in order for the lessor to extinguish the lessor’s right of defense of simultaneous performance and to recognize the lessor’s liability for delay in the repayment of the deposit.

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