(영문) 창원지방법원통영지원 2019.03.26 2019가단301

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(영문) 창원지방법원통영지원 2019.03.26 2019가단301

약정금

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1. The defendant shall pay the plaintiff KRW 60,000,000.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. On February 16, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C as to the fourth floor E (hereinafter “instant housing”) among the detached houses located in Gyeongsung-gun, Gyeongnam-gun, by setting the lease deposit of KRW 60 million from February 23, 2016 to February 22, 2018 (hereinafter “instant lease agreement”) and around that time, C paid the above lease deposit of KRW 60 million to C; even if the instant lease agreement has expired due to the expiration of the period, C did not refund the said lease deposit to the Plaintiff; on June 26, 2018, the Defendant settled the lease deposit by November 30, 2018; and on June 26, 2018, the Defendant succeeds to the entire amount of the lease deposit to the Plaintiff.”

The facts constituting “A” may be acknowledged by the parties or by the purport of the whole entries and pleadings as stated in the evidence of subparagraphs A1 through 3.

According to the above facts, the defendant agreed to return the above lease deposit to the plaintiff, a lessee, on behalf of the lessor C, who is the lessor of the lease contract of this case. Thus, the defendant is obligated to pay the above lease deposit amount of KRW 60 million to the plaintiff, barring special circumstances.

On the other hand, the plaintiff claimed damages for delay from the next day after the original copy of the payment order of this case against the above 60 million won. However, if the lease contract is terminated, the lessee's obligation to deliver the leased object and the lessor's obligation to return the lease deposit are in the simultaneous performance relationship. Thus, unless the lessee does not deliver the leased object, the lessor's obligation to return the lease deposit does not lead to delay. Thus, there is no evidence to prove that the plaintiff returned the house of this case which is the object of the lease of this case.

2. The defendant's argument as to the defendant's assertion is that of the Gyeongnam.

유사 판례

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-창원지방법원 진주지원 2021.04.28 2020가단42124

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