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1. The defendant shall pay 95 million won to the plaintiff and 12% per annum from June 1, 2020 to the day of complete payment.
Reasons
1. According to the overall purport of Gap evidence Nos. 1 and 2 as to the cause of the claim and the entire pleadings, the plaintiff entered into a lease agreement with the defendant on February 18, 2017, setting the lease deposit amount of KRW 95 million with respect to the 2nd floor floor C in Si interest, from March 22, 2017 to March 21, 2019. The plaintiff notified the defendant on February 14, 2019 that the lease deposit should be returned immediately after the expiration of the lease term, and the fact that the plaintiff delivered real estate to the defendant on May 2019 does not conflict between the parties.
According to the above facts, the defendant is obligated to pay to the plaintiff delayed payment calculated at the rate of 12% per annum from June 1, 2020 to the day of complete payment, which is the day following the delivery date of the original original copy of the payment order of this case filed by the plaintiff after the delivery date of the above real estate.
2. Judgment on the defendant's defense
A. As to the Defendant’s assertion, the Defendant asserted that even though the Plaintiff destroyed a large number of real estate, the Plaintiff did not repair the said real estate and paid a large amount of repair costs to the Defendant, and that the Defendant paid a total of KRW 2,380,000 from July 3, 2019 to June 1, 2020.
B. First of all, the Plaintiff destroyed the above real estate, and there is no evidence to acknowledge that the cost of repair was incurred, and the above assertion is without merit.
Next, according to the statement in Eul evidence No. 1, the defendant remitted the amount from 190,000 won to 2.10,000 won per month from July 3, 2019 to June 1, 2020 to the plaintiff, and the sum of the above amounts can be acknowledged as the facts constituting 2.38,00 won.
In this regard, the defendant asserts that interest should be appropriated.
According to Article 479 (1) of the Civil Code, repayment shall be made in the order of interest and principal, and according to the above recognition, the plaintiff delivered the above real estate to the defendant around May 2019, and thus, the transfer of real estate to the defendant around May 2019.