1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 15% per annum from October 27, 2018 to the date of full payment.

1. Basic facts

A. On May 16, 2012, the Plaintiff entered into a lease agreement between the Defendant and the Defendant (hereinafter referred to as “instant lease agreement”) with the terms that the Plaintiff leases KRW 70 million from the Defendant with respect to Heposi apartment and D (hereinafter referred to as “instant apartment”) and the lease period from the delivery date (til June 11, 2012) to June 11, 2014 (hereinafter referred to as “instant lease agreement”).

By June 12, 2012, the Plaintiff paid the Defendant a deposit of KRW 70 million (hereinafter “the instant lease deposit”) to the Defendant, and occupied and used the instant apartment from June 20, 2012.

B. On July 6, 2018, after the expiration of the term of the instant lease agreement, the Plaintiff completed the registration of the right to lease of the instant apartment, and around that time, removed the instant apartment from the apartment, and moved into the E apartment and F on July 25, 2018.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 4, purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, since the lease contract of this case was terminated, the defendant is obligated to pay to the plaintiff delay damages from the day after the delivery date of the lease deposit of this case and the apartment of this case to the day of full payment, barring special circumstances.

3. Judgment on the defendant's assertion

A. At the time when the Defendant’s assertion entered into a contract for selling the instant apartment to G in March 2018, the Plaintiff agreed to refund the instant lease deposit from the purchaser G, not the Defendant, and the purchaser G agreed to pay the remainder, excluding the instant lease deposit, from the purchase price of the instant apartment, to the Defendant as the remainder of the sales contract.

Therefore, the plaintiff's claim of this case is against the opposite speech, and the defendant does not have the duty to pay the deposit to the plaintiff.

B. Determination B.