beta
Text
1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate from June 1, 2019 to November 22, 2019, respectively.
Reasons
1. Basic facts
A. On March 15, 2017, the Plaintiff entered into a lease agreement between the Defendant and the Defendant with respect to the D Building E (hereinafter “instant real estate”) of the Busan Seo-gu D (hereinafter “instant real estate”) by April 14, 2019, a deposit of KRW 220 million and the lease term of the D Building E (hereinafter “instant real estate”).
(B) At the time of the conclusion of the instant lease agreement, the lessee agreed to repair or restore the instant real estate to its original state when the lessee destroyed the instant real estate due to negligence in use.
B. On April 14, 2019, the Plaintiff occupied and used the instant real estate upon delivery under the instant lease agreement. On April 14, 2019, the Plaintiff received KRW 170 million out of the deposit.
The Plaintiff and the Defendant agreed to pay the deposit amount of KRW 50 million at the time when the Defendant received the deposit upon entering into a lease agreement with another lessee. However, the Plaintiff and the Defendant agreed to pay interest for KRW 50 million until then.
The Defendant paid KRW 81,600 on April 16, 2019 and KRW 276,657 on June 7, 2019 to the Plaintiff as “interest on KRW 50 million until May 31, 2019.”
C. On April 30, 2019, the Defendant: (a) around April 30, 2019, caused damage to the Plaintiff, such as the occurrence of a stick and dust in a remote area; (b) and (c) the rap of a door mold and even a door is left away; (d) accordingly, the Defendant demanded to repair it.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Gap evidence 3-1, 2, Eul evidence 2 and 5, the purport of the whole pleadings
2. Determination:
A. According to the facts of the judgment on the cause of the claim, the defendant is about the promotion of the lawsuit, etc. from the following day to the date of delivery of a copy of the claim claim and the cause of the claim as of June 1, 2019 to November 18, 2019, which is the date of delivery of a copy of the claim and the cause of the claim as of November 22, 2019, among the deposit stipulated in the instant lease agreement, to the plaintiff.