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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On May 9, 2017, the Plaintiff left the instant lease contract on July 9, 2019 when the Defendant resided in the Nam-gu Seoul Building D (hereinafter “instant studio”) for a deposit of KRW 30 million (i.e., subsidies from the Korea Land and Housing Corporation for KRW 28.5 million) (hereinafter “instant lease contract”). At around that time, the instant lease contract was terminated.
B. On July 9, 2019, the Defendant returned KRW 28.5 million out of the above deposit to the Korea Land and Housing Corporation.
[Ground of recognition] Unsatisfy, entry of Gap evidence Nos. 5 through 7, the purport of the whole pleadings
2. The assertion and judgment
A. According to the facts acknowledged earlier, the Defendant is obligated to pay to the Plaintiff the remaining security deposit amount of KRW 1.5 million (=30 million - 28.5 million) and damages for delay calculated at each rate of 12% per annum under the Civil Act until July 2, 2020, which is reasonable to dispute over the existence or scope of the Defendant’s duty of performance, on the grounds as follows, from November 21, 2019 to the day following the day on which a preparatory document was served on which the Plaintiff expressed his/her intent to return the remaining security deposit to the Defendant on November 18, 2019, stating that the Plaintiff had expressed his/her intent to return the remaining security deposit to the Defendant.
The Plaintiff sought payment for delay from the day following the delivery date of the instant complaint, but the Plaintiff’s obligation to return the Defendant’s deposit and the Plaintiff’s obligation to return the studio of this case upon termination of the instant lease agreement. As seen earlier, it is recognized that the Plaintiff withdrawn from the studio of this case on July 9, 2019 and the Defendant returned KRW 28.5 million out of the deposit to the Korea Land and Housing Corporation on July 9, 2019. Therefore, it is reasonable to deem that the studio of this case was returned to the Defendant around July 9, 2019. The Plaintiff returned the studio of this case to November 18, 2019.