임차보증금
1. The Defendant’s KRW 10,704,161 as well as the Plaintiff’s annual rate of 5% from July 17, 2015 to August 6, 2015, and the following.
1. Facts of recognition;
A. On March 9, 2012, the Plaintiff: (a) leased, “The lease deposit: KRW 210 million; and (b) the lease period: up to March 9, 2014, the Plaintiff leased, from the Defendant, Seoyang-gu Seoul Metropolitan Government C apartment 716, 405 (hereinafter “instant apartment”); and (c) determined as “The lease deposit: up to March 9, 2014.”
(hereinafter referred to as "the lease of this case")
On March 9, 2014, the lease of this case terminated on the expiration of the term, and on April 2, 2014, the defendant filed a lawsuit against the plaintiff to claim the delivery of the apartment of this case (the Jung-gu District Court High Court 2014Gadan11355) and received the judgment that "the plaintiff is paid KRW 210 million from the defendant, and at the same time, delivered the apartment of this case to the defendant." The judgment became final and conclusive on February 5, 2015.
C. On March 6, 2015, the Plaintiff received the order of lease on the instant apartment (Seoul High Court Decision 2015Kaman222) and completed the registration of the lease deposit (210 million won) due to the order.
On March 28, 2015, the Plaintiff moved from the apartment of this case to another place. On the same day, the Plaintiff notified the Defendant of the fact of eviction and handed over the keys.
E. On May 11, 2015, the Defendant returned KRW 188,067,269, and KRW 12.7 million on July 16, 2015 to the Plaintiff.
[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings
2. Determination as to the cause of claim
A. The lease of this case terminated on March 9, 2014, and the Plaintiff delivered the instant apartment to the Defendant on March 28, 2015.
The defendant is obligated to return the lease deposit amount of KRW 210 million to the plaintiff, and the defendant's obligation to return the lease deposit is deemed to have accrued from March 29, 2015 after the date when the plaintiff delivered the apartment of this case to the plaintiff.
Meanwhile, as seen earlier, the Defendant returned to the Plaintiff the lease deposit KRW 188,067,269 on May 11, 2015, and KRW 12,70,000 on July 16, 2015, which is a special agreement between the parties.