임대차보증금
1. The Defendant’s KRW 101,567,123 as well as the Plaintiff’s annual rate from May 13, 2015 to June 19, 2015.
1. The fact of recognition was that the Plaintiff leased the Plaintiff’s 301 building C located in Changwon-si, Changwon-si (hereinafter “instant real estate”) from the Defendant on July 17, 2012, with the lease deposit of KRW 110 million from July 31, 2012 to July 31, 2014; the Plaintiff paid the Defendant the lease deposit of KRW 110 million from July 31, 2012 to the lease deposit of KRW 110 million; the Plaintiff acquired the instant real estate by delivery to the Defendant on January 28, 2015; the fact that the Plaintiff delivered the instant real estate to the Defendant on January 28, 2015 does not conflict between the parties, or that the Plaintiff received KRW 10 million from the Defendant on May 12, 2015, by taking into account the overall purport of pleadings as to the written evidence No. 2.
2. According to the facts of the above recognition, since the lease contract on the real estate of this case was terminated to the expiration date, the defendant is obligated to pay the remaining lease deposit and damages for delay from the day after the plaintiff delivered the real estate of this case to the plaintiff.
However, the order of appropriation under Article 479 of the Civil Act is set in the case where a debtor is liable to pay the principal, expenses and interest of the principal, interest, and payment of the principal when the whole amount of the benefits has not been extinguished. Therefore, unless there is any special agreement between the parties, the expenses, interest, and the principal should be appropriated in the order of appropriation. The defendant agreed that the payment of KRW 10 million shall be appropriated for the repayment of the principal of the lease deposit at the time
There is no assertion as to the existence of an implied agreement with such content.
Therefore, pursuant to Article 479(1) of the Civil Act, the aforementioned KRW 10 million for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from January 29, 2015 to May 12, 2015, which paid KRW 10 million from the date following the delivery of the instant real estate to KRW 110 million for lease deposit pursuant to Article 479(1) of the Civil Act (i.e., KRW 1,567,123 (i.e., KRW 110,00,000 x 5% x 104/365 x KRW 104/365), and KRW 8,432.