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1. The Defendant’s KRW 24,00,000 as well as 5% per annum from March 10, 2016 to October 28, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On November 5, 2015, the Plaintiff entered into a lease agreement with the Defendant on the following terms (hereinafter “instant lease agreement”) with regard to the lease deposit amount of KRW 620,000,000 (60,000,000,000, which is paid at the time of the contract, and the remainder of KRW 560,000,00,000, which is paid at the time of the contract, from November 30, 2015 to February 28, 2018:
Where a lessor or lessee has failed to perform the terms and conditions of this contract under Article 7, the other party may notify the person who has failed to perform the contract and rescind the contract.
In addition, a person who has failed to fulfill the contract may claim damages due to the cancellation of the contract, and the contract deposit shall be considered as the basis for damages, unless otherwise agreed.
[Matters of Special Agreement]
2. Under the current register, the loan shall be certified with a maximum debt amount of KRW 1,200,000,000. The remaining maximum debt amount shall not be modified to a maximum debt amount of KRW 552,00,000.
B. Under the instant lease agreement, the Plaintiff paid KRW 5,00,000 for the advance payment of the down payment to the Defendant on October 29, 2015, and KRW 55,000,000 for the remainder of the down payment on November 6, 2015, and KRW 560,000 for the remainder of November 27, 2015, respectively, to each transfer the lease deposit of KRW 620,000 for the remainder of KRW 560,000 for the remainder of November 27, 2015, and around that time, the Plaintiff occupied and used the instant apartment after delivery by the Defendant.
C. Meanwhile, in the instant apartment, the right to collateral security (hereinafter “mortgage”) was established on the apartment of this case, and the obligor’s right to collateral security (hereinafter “mortgage”). However, even if the Defendant was paid KRW 620,00,000 from the Plaintiff on November 27, 2015, the Defendant was paid from the Plaintiff for the lease deposit amount of KRW 620,00,000,000, pursuant to the terms of the instant lease agreement, pursuant to paragraph (2) of the said special agreement, until November 30, 2015.