Text
1. The Defendant: (a) KRW 35,00,000 and the Plaintiff’s KRW 5% per annum from March 26, 2019 to May 9, 2019; and (b) May 10, 201.
Reasons
1. The description of the claim is as shown in the annexed sheet of claim.
2. Judgment with no applicable provisions of Acts (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);
3. Some dismissed parts of the plaintiff claimed payment of 5% per annum from March 25, 2019 to the delivery date of a copy of the complaint in this case from March 25, 2019 to the delivery date of a copy of the complaint in this case, and damages for delay calculated at the rate of 15% per annum from the next day to the day of complete payment. However, the defendant's obligation to return the lease deposit and the plaintiff's obligation to return the leased object are in a simultaneous performance relationship. Thus, even if one party's obligation is in a concurrent performance relationship, even if one party's obligation comes in a bilateral contract, the other party's obligation is not immediately liable until the other party's obligation is discharged. Such effect does not result in a simultaneous performance defense against the other party's obligation to discharge. Thus, the plaintiff's obligation to return the leased object is delivered to the defendant without delay, as alleged by the plaintiff (see Supreme Court Decision 96Da4081, 4086, Aug. 22, 1997).
Meanwhile, the statutory interest rate of Article 3(1) main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 29768, Jun. 1, 2019) was changed to 12% per annum from June 1, 2019. As to the lease deposit of KRW 35,00,000 from March 26, 2019 to May 9, 2019, the said lease deposit of KRW 5% per annum as prescribed by the Civil Act, from May 10, 2019 to May 31, 2019, from May 10, 2019 to May 21, 2019, the former provision on statutory interest rate of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.