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1. The Defendant’s KRW 18,620,00 for the Plaintiff and KRW 5% per annum from October 1, 2016 to July 5, 2017.
Reasons
1. Facts of recognition;
A. On June 10, 2006, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 70 million, KRW 190,000,000 per month (payment on July 15, 2006), and KRW 450,000,000 from July 15, 2006 to July 14, 201 (hereinafter “instant lease agreement”). On the same day, the Plaintiff paid the lease deposit amount as the down payment.
B. On June 13, 2006, the Plaintiff paid to the Defendant KRW 35.5 million as an intermediate payment among the lease deposit, and KRW 30 million as the remainder of the lease deposit on July 7, 2006. Around that time, the Plaintiff was handed over the instant building from the Defendant.
C. From July 2006 to June 2016, the Plaintiff paid a total of KRW 2650,000 as shown in the attached Table to the Defendant. D.
On June 28, 2016, the original Defendant agreed to terminate the instant lease agreement, and the Plaintiff delivered the instant building to the Defendant.
E. On June 22, 2016, the Defendant returned KRW 42.65 million to the Plaintiff as the lease deposit, KRW 8.15 million on July 3, 2016, and KRW 42.65 million on July 6, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 3, Eul evidence 1-1 to 11, Eul evidence 2, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion that the plaintiff paid the rent to the defendant for the following reasons. Since it is not the unpaid rent, it cannot be deducted from the lease deposit. The defendant shall pay the remaining lease deposit amount of 2,7350,000 won and damages for delay to the plaintiff.
① The Plaintiff received the instant building from the Defendant, and paid the water rate on behalf of the Defendant D, and paid the water rate of KRW 250,000 after deducting from rent in August 2006.
② As water leakage in the instant building has occurred, the Plaintiff has paid KRW 3 million.