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1. The defendant shall pay 80,000,000 won to the plaintiff and 12% per annum from July 29, 2020 to the day of complete payment.
Reasons
Facts of recognition
On June 1, 2018, the Plaintiff entered into a lease agreement with the Defendant on the terms of the lease deposit amounting to KRW 80 million and the term from June 3, 2018 to June 2, 2020 with respect to subparagraph D among the six floors among the six floors of the building owned by the Defendant among the six floors of the building owned by the Defendant (hereinafter “instant lease agreement”). The Plaintiff notified the Defendant that the Plaintiff had no intent to renew the instant lease agreement before the expiration of the lease term while residing in the said building after paying the lease deposit to the Defendant. On May 31, 2020, the Plaintiff handed over the said building to the Defendant.
[Grounds for recognition] Fact-finding, Gap evidence Nos. 1 through 3, and the judgment of the court below as to the claim for the purport of the whole pleadings, the lease contract of this case terminated on June 2, 2020 and the plaintiff delivered the leased object to the defendant, barring any special circumstance, the defendant is obligated to pay the plaintiff delayed damages from the day after the date of delivery of the copy of the complaint of this case as requested by the plaintiff, as requested by the plaintiff.
The defendant asserts that 90,000 won should be deducted from the lease deposit as management expenses and parking expenses, but there is no specific assertion and proof on the details of deduction, and thus, he does not accept the above assertion (it includes 50,000 won per month of management expenses and 30,000 won per month of parking expenses, although the special agreement of this case was included in the contents of the lease contract of this case, the defendant did not specifically state the details of the management expenses and the period of occurrence of parking expenses to be deducted despite the name of this court, and the defendant did not receive a copy of the complaint of this case and did not submit a written answer, and upon the designation of the date of non-statement of pleading,
At the date of the first pleading, the above claim was made, but specific management expenses and parking expenses were paid.