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1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of 5% from September 9, 2018 to September 4, 2019, and the following.
Reasons
1. Facts of recognition;
A. On September 2015, the Plaintiff leased the first floor store (trade name: D; hereinafter “instant store”) located in Yang-gu, Gangwon-do, Yang-gun C, and entered into a lease agreement as follows.
Lease deposit: 20 million won, premium of KRW 30 million: From September 8, 2015 to September 8, 2018, the lease term of KRW 1 million;
B. The Plaintiff paid KRW 50 million to the Defendant pursuant to the above lease agreement, and operated the above shop from September 8, 2015 to September 8, 2018, and delivered the above shop to the Defendant around September 8, 2018.
The defendant did not dispute the plaintiff's assertion that the plaintiff did not disclose the above delivery date accurately, but the plaintiff delivered the above delivery date upon termination of the lease contract.
[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 1, 2, and 3, the purport of the whole pleadings
2. Determination
A. Barring special circumstances, the Defendant is obligated to pay the lease deposit and its delay damages to the Plaintiff.
As to this, the defendant has a defense to the effect that the above lease deposit should be deducted from the overdue loan, and the plaintiff did not pay 5 million won the loan, and the defendant notified the plaintiff of the termination of the lease contract of this case on August 2018 on the ground that the above three or more rental periods were overdue, or due to the statement in the evidence No. 3, since there is no dispute between the parties, or it is recognized as the result of the statement No. 3, the defendant is liable to pay to the plaintiff the balance of the lease deposit after deducting the above overdue loan from the following day of delivery to the date of complete payment.
B. The Plaintiff asserts that the instant lease deposit is KRW 50 million, not KRW 20 million.
According to the records of evidence Nos. 1, 2, and 5, the lease deposit or premium between the Plaintiff and the Defendant on September 3, 2015.