beta
Text
1. From 80,00,000 to 5,615,000 won from the Plaintiff and the Defendant’s payment thereof from April 15, 2016 to October 18, 2016.
Reasons
1. Determination as to the cause of claim
A. The facts in the attached form of claim as to the facts of recognition do not conflict between the parties, or can be acknowledged according to the overall purport of Gap evidence Nos. 1 through 9 and all pleadings.
B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay 5,615,000 won and damages for delay at each rate of 5% per annum under the Civil Act from April 15, 2016 to October 18, 2016, which is the delivery date of a copy of the instant complaint, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.
2. Judgment on the defendant's assertion
A. As to the defendant's assertion, the defendant asserts to the effect that he will receive the remaining money from the plaintiff after deducting the above money from the lease deposit of KRW 80,000,000, and deliver the building of this case to the plaintiff.
B. Determination is based on the relation between the lessee’s duty to specify the object of lease after the termination of the lease and the lessor’s obligation to refund the rental deposit remaining after deducting the amount of damages incurred until the lessor’s default or other life-saving, and thus the lessee has the right to refuse to deliver the object upon the right of defense of simultaneous performance (see Supreme Court Decision 91Da22605, Oct. 25, 191). The fact that the Plaintiff did not refund the lease deposit is either a dispute between the parties or according to the overall purport of each evidence and oral argument as seen earlier.
Therefore, the Defendant is paid the remainder of the lease deposit by deducting the amount of KRW 5,615,00 from KRW 80,000 to KRW 5,615,00 and the amount of KRW 5% per annum from April 15, 2016 to October 18, 2016, the amount of KRW 15% per annum from the next day to the date of full payment, and the amount of KRW 3,00,000 per annum from February 19, 2016 to the completion date of delivery of the instant building.