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1. The Defendant’s KRW 30 million and the Plaintiff’s 20% per annum from April 17, 2015 to September 30, 2015, and the following.
Reasons
1. Basic facts
A. On December 1, 2012, B entered into a lease agreement with the Defendant on the first floor of the building Nos. 2 of Gangseo-gu Seoul Metropolitan Government (hereinafter “instant building”) with regard to KRW 100 million, monthly rent of KRW 500,000,000,000 from December 1, 2012 to December 1, 2014 (hereinafter “instant lease agreement”), and operated a fish teaching institute with the trade name “D” upon paying a security deposit and being handed over the instant building.
B. B concluded a contract with the Plaintiff on December 21, 2012 to transfer the assignment of claims amounting to KRW 30 million among the claims to be returned of the instant lease deposit to the Plaintiff. On December 24, 2012, B sent a notice of assignment of claims containing such purport by content-certified mail, and issued this notice to the Defendant on December 26, 2012.
C. Meanwhile, from August 2013, B began to delay the payment of monthly rent. Ultimately, the instant lease agreement was concluded on July 31, 2014, and the overdue rent was KRW 60 million.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, and purport of whole pleadings
2. The allegations and judgment of the parties
A. According to the facts as seen earlier prior to the determination on the cause of the claim, the instant lease agreement was concluded on July 31, 2014, and the Defendant is obligated to refund KRW 40 million, which remains after deducting the amount of KRW 60 million in arrears from the amount of KRW 100 million in the instant lease deposit, from the amount of KRW 30 million in the instant lease deposit claim, and the Plaintiff acquired KRW 30 million from B, which eventually, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at each rate of KRW 20 million per annum from April 17, 2015 to September 30, 2015, after the issuance of the duplicate of the instant complaint to the Defendant as requested by the Plaintiff.
From October 1, 2015, the statutory interest rate of Article 3(1) of the Act on Special Cases concerning Expedition etc. of Legal Proceedings is applied.