임대차보증금 등
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order for payment shall be revoked, and above.
1. Facts of recognition;
A. On February 29, 2008, the Plaintiff, from the Defendant’s wife D on behalf of the Defendant, leased (hereinafter “instant lease agreement”) KRW 201,00,000,000 as lease deposit, and for two years from February 29, 2008, the lease term of KRW 95,000,000,000, among the three-story buildings owned by the Defendant, Seongbuk-gu, Sungnam-gu, Seoul Special Metropolitan City (hereinafter “instant housing”).
B. 1) The Plaintiff and the said D agreed to terminate the instant lease agreement prior to the expiration of the instant lease agreement, and the Plaintiff transferred the instant housing around August 17, 2009, and D paid KRW 60 million out of the said lease deposit to the Plaintiff around August 2009. (2) At the time, the Plaintiff and D agreed to pay the remainder of the lease deposit to the Defendant up to February 28, 2010, on the basis that the said amount is paid by the Defendant to pay interest of KRW 400,000 per month until the said amount is paid.
C. Since October 2009, D paid KRW 5 million to the Plaintiff, and pursuant to the foregoing interest agreement, D paid interest of KRW 400,000 per month until August 201, but did not pay interest thereafter.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion is obligated to pay to the Plaintiff KRW 40,60,000 (= KRW 13,60,000,000 from September 29, 201 to June 25, 201) and delay damages therefrom, as the Plaintiff received KRW 65,00,000 from the Defendant and paid KRW 30,000,000 to February 28, 201. However, the Plaintiff paid KRW 40,060 per month by changing the above KRW 30,000 to the borrowed amount.
B. Determination 1) As to the claim for interest, the Defendant and D are the originator, with the statement of payment on February 14, 2013, stating that “A shall pay the amount of rent of KRW 30 million and unpaid interest by April 5, 2013” (the amount of rent of KRW 30 million and unpaid interest shall be paid by April 5, 2013).
The following seals of the name of the defendant in this case shall be the defendant.