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The counterclaim defendant is 2,009,650 won to the counterclaim and 12% per annum from August 15, 2020 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On April 24, 2018, the counterclaims entered into the so-called “mortgage lease agreement” (hereinafter “instant contract”) with the counterclaims and the so-called “mortgage lease agreement with the period from June 5, 2018 to June 4, 2020, with respect to the Gwangju Northern-gu D apartment E (hereinafter “instant real estate”).
B. After that, on July 31, 2020, the counterclaims, whose contract period expires, delivered the instant real estate to the counterclaim Defendant. However, the counterclaim Defendant paid only KRW 147,990,350, excluding KRW 150,000,000 from KRW 150,000,000 to the counterclaims on the same day.
C. On the other hand, on July 10, 2020, the counterclaim Defendant filed a provisional disposition order against the counterclaim on the ground that the right to request the delivery of a building based on ownership was a preserved right by the court 2020Kadan51804 on the ground that the right to request the delivery of the building was a preserved right. Moreover, on the same day, the counterclaim filed a principal lawsuit against the counterclaim on the ground of this court 2020Kadan525703, and the said principal lawsuit was withdrawn on September 15, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 6, Eul evidence 4, the purport of the whole pleadings
2. Determination
A. According to the facts of recognition prior to the determination on the cause of the claim, the counterclaim Defendant is obligated to pay to the counterclaim the amount of KRW 2,009,650 as well as damages for delay calculated at the rate of 12% per annum from August 15, 2020 to the day of full payment, following the day when the duplicate of the counterclaim of this case was served to the counterclaim Defendant, as the counterclaim Plaintiff seeks.
B. Judgment 1 on the argument of the counterclaim defendant 1) The above 2,009,650 won was paid by the counterclaim defendant for the provisional disposition application as seen earlier, the compulsory execution of the provisional disposition decision, and the expenses of the certified judicial scrivener incurred for the filing of the principal lawsuit. Thus, the above security deposit is deducted.