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1. The Defendant shall pay to the Plaintiff KRW 23,30,000 and the interest rate of KRW 15% per annum from January 28, 2016 to the day of complete payment.
Reasons
1. Indication of claim;
A. On December 2012, the Plaintiff leased the lease deposit amount of KRW 25 million (hereinafter “the instant lease deposit”), monthly rent and management fee, KRW 50,000,000,000 (hereinafter “the instant lease deposit”), and KRW 50,000 per month for rent and management fee, and KRW 1 year for lease (hereinafter “the instant lease contract”), and resided in the instant studio, which was owned by the Defendant.
B. However, on September 22, 2015, the instant lease contract was terminated as the studio in the instant case was sold to a third party by the auction procedure for real estate. The Plaintiff transferred the studio in the instant case to the said buyer on September 22, 2015.
C. Therefore, the Defendant is obligated to pay to the Plaintiff delay damages at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the delivery of the original copy of the instant payment order to the day of full payment, to the day of full payment, the amount of KRW 23.3 million [the amount of KRW 1.7 million per month (5 million per month x 34 months) calculated by deducting the monthly rent and management expenses in arrears of the Plaintiff from the monthly rent and management expenses in arrears of the instant lease deposit.
2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;