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1. The part concerning the claim for damages incurred during the instant lawsuit is dismissed.
2. The defendant shall enter the attached list from the plaintiff.
Reasons
1. Indication of claim;
A. On June 15, 2008, the Plaintiff entered into a lease agreement with C and third parties to lease the instant real estate listed in the separate sheet (hereinafter “the instant real estate”) with regard to the lease deposit of KRW 190,000,000, and the lease term of KRW 15,000 from June 15, 2018 to June 14, 2020 (hereinafter “the instant lease agreement”). (b) The Defendant purchased the instant real estate from C and third parties on March 19, 2019, and succeeded to the lessor’s status under the instant lease agreement after completing the registration of transfer of ownership on March 20, 2019.
(c)
Since the lease contract of this case terminated on June 14, 2020, the Defendant is obligated to pay the Plaintiff the lease deposit of KRW 190,000,000 and the delayed damages.
2. Article 208 (3) 1 of the Civil Procedure Act applicable to the law. (Judgment without holding any pleadings)
3. We examine ex officio the part dismissing part of the lawsuit of this case as to the lawfulness of the part claiming delayed damages.
A lawsuit for future performance may be instituted only where a prior claim is necessary. In this context, where a prior claim is required, the term "if a prior claim is made" refers to the case where a debtor contests the existence of an obligation from the time when the due date comes or the conditions are met, and thus it is difficult to expect a voluntary performance at the time when the due date comes or the conditions are met, or there is a circumstance that the execution becomes difficult due to the debtor's insolvency when the due date falls short of the due date or when the conditions are fulfilled, or that it is omitted to the impossibility of performance.
It cannot be said (see Supreme Court Decision 2000Da25576, Aug. 22, 2000, etc.). Of the instant lawsuit, the part of the claim for late damages constitutes a lawsuit for future performance, and the Defendant does not dispute the existence of the obligation to return the lease deposit to the Plaintiff.