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1. The Defendant’s KRW 1,44,716 for the Plaintiff and KRW 5% per annum from July 16, 2019 to September 4, 2019.
Reasons
Around December 8, 2016, the Plaintiff leased all the 110,000,000,000,000 and the period from February 2, 2017 to February 1, 2019, the Plaintiff terminated the lease agreement; the Plaintiff delivered the said real estate to the Defendant around March 24, 2019; the Defendant paid the Plaintiff KRW 250,000,000 to the Plaintiff on November 14, 2018; and each of the 5,00,000,000,000,000 from the Defendant on December 29, 2016, there is no dispute between the parties. According to the above recognition, the Defendant is also obligated to pay the Plaintiff the remainder of the deposit to the Plaintiff at the rate of 102,50,000,000,000,000 per annum from March 25, 2019, the following day of real estate.
As to this, the defendant's defense that he repaid the remaining deposit of KRW 102,50,000,000, it is so decided that the defendant paid the remainder deposit of KRW 102,50,00,000 to the plaintiff, KRW 98,5,000 to the plaintiff,
8. Although there is no dispute between the parties that the Plaintiff and the Defendant have paid KRW 4.5 million, the amount repaid by the Defendant in the instant case where there is no assertion that there was an agreement on appropriation of performance or a designated appropriation of performance. The amount repaid by the Defendant should be appropriated in accordance with the legal principles of appropriation of performance. The amount of KRW 98 million as of July 5, 2019 shall be appropriated in accordance with the rate of 5% per annum from March 25, 2019 to July 5, 2019 to KRW 1,442,281 as of KRW 96,57,719 remaining after being appropriated in preference to the principal; KRW 5,942,281 as principal; KRW 4.5 million as of July 8, 2019 to KRW 4.55,500,000,000 from March 25, 2019 to KRW 1,542,719 to KRW 454,7196.7.7
The plaintiff asserts that it should be appropriated for 12% per annum or 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, but this is a case where a judgment is pronounced.