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1. The Defendant’s KRW 17,710,870 for the Plaintiff and its related KRW 5% per annum from November 1, 2013 to November 26, 2013.
Reasons
1. Basic facts
A. On March 24, 2008, the Plaintiff deposited KRW 12,000,000 in the Defendant’s deposit account.
B. On November 5, 2004, the Defendant promised to pay monthly rent, management fee, and public charges to the Plaintiff on the same year that the Defendant leased to the Plaintiff under the Plaintiff’s name (hereinafter “instant apartment”).
C. The sum of the management expenses (including late payment) for the apartment of this case imposed until August 2013 is KRW 827,840, and the sum of the rent (including late payment) for the apartment of this case imposed until September 2013 is KRW 4,883,030.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 6, the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the Plaintiff lent the amount of KRW 12,00,000 to the Defendant on March 24, 2008, and the sum of monthly rent and management expenses of the apartment of this case not paid until now, even though the Defendant promised to pay to the Plaintiff, is KRW 5,710,870 (i.e., rent 4,883,030 management expenses of KRW 827,840).
Therefore, the Defendant is obligated to pay to the Plaintiff the monthly rent of KRW 12,00,000, and the monthly rent of KRW 5,710,870, and management expenses of the apartment of this case, as well as damages for delay calculated at the rate of 20% per annum under the Civil Act from November 1, 2013, which is the day following the delivery of a copy of the application for modification of the purport of the instant claim, to November 26, 2013, which is deemed reasonable for the Defendant to resist the existence and scope of the obligation to perform.
The plaintiff also sought payment of KRW 827,840 for the management expenses of the apartment of this case that the plaintiff paid to the plaintiff, but it is not sufficient to recognize that the plaintiff paid KRW 827,840 for the management expenses of the apartment of this case only with the statement of Gap evidence No. 5, and there is no other evidence to acknowledge it.