대여금
1. The Defendant shall pay to the Plaintiff KRW 31,00,000 and the interest rate of KRW 15% per annum from March 10, 2018 to the date of complete payment.
1. Facts of recognition;
A. On December 4, 2012, the Plaintiff concluded a lease contract with the Defendant and the Defendant on the forest land and its ground buildings in Gyeyang-gu, Yangyang-gu, Yangyang-gu, the Defendant owned (hereinafter “instant real estate”). The Plaintiff paid KRW 1,00,000 to the Defendant.
B. On February 1, 2013, the Plaintiff entered into a contract with the Defendant to lease the instant real estate with a period of KRW 150,000,000, and the period of KRW 24 months from February 29, 2013 (hereinafter “instant lease contract”), and paid each of the Defendant KRW 15,00,000,00 on February 1, 2013, and KRW 135,00,000 on February 28, 2013.
C. The Defendant’s instant lease agreement contains a special clause stating that, at any time, the Defendant’s inevitable “if the Plaintiff wishes to refund the lease deposit, at any time, the Defendant returned it (hereinafter “instant special agreement”).
On April 25, 2016, the Plaintiff sent to the Defendant a certificate stating that “the Plaintiff extended the instant lease agreement by February 28, 2016, upon the Defendant’s request. The term of the instant lease agreement expired, and according to the terms and conditions of the instant special agreement, the Defendant returned the instant lease deposit to the Plaintiff immediately before April 29, 2016, as the Plaintiff returned the instant lease deposit to the Plaintiff.”
E. On May 4, 2016, the Defendant sent to the Plaintiff a certificate of content that “The Defendant had entered into the instant lease agreement with the Plaintiff, but the Defendant did not enter into the terms of the instant special agreement. On March 26, 2013, the Plaintiff donated the instant lease deposit to the Defendant as the cost of living. Therefore, the Defendant did not have an obligation to refund the instant lease deposit to the Plaintiff, and the Plaintiff occupied the instant real estate without permission, and thus, sent a certificate of content that “the removal request is made.”
F. Accordingly, on May 17, 2016, the Plaintiff sought the return of the instant lease deposit against the Defendant.