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1. The Defendant: (a) KRW 24,85,500 for the Plaintiff and KRW 5% per annum from November 1, 2017 to November 27, 2017; and (b).
Reasons
1. Basic facts
A. On October 23, 2015, the Plaintiff entered into the instant lease agreement and paid the deposit amount, from the Defendant, the Plaintiff leased the Seocho-gu Seoul Metropolitan Government Type D (hereinafter referred to as “instant real estate”) the deposit amount of KRW 180,000,00, and the term of the contract from October 31, 2015 to October 31, 2017 (hereinafter referred to as “the instant lease agreement”); and from October 20, 2015 to November 2, 2015, the Plaintiff paid the deposit amount of KRW 180,000,000 to the Defendant.
B. On August 17, 2017, August 29, 2017, and October 27, 2017, the Plaintiff notified the Defendant of the lack of intent to renew the instant lease contract through E message and content-certified mail and requested the return of the lease deposit.
C. On September 4, 2017, the Plaintiff entered into a new lease agreement and terminated the lease agreement with Nonparty F and the Plaintiff paid KRW 23,500,000,000 for the lease deposit for the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Ga Loans H, and the term of the contract from October 31, 2017 to October 31, 2019. On the same day, the Plaintiff paid KRW 23,50,000 for the down payment. The Plaintiff spent KRW 775,50,00 for the brokerage commission to enter into the said agreement, KRW 30,00 for the director contract deposit, KRW 280,00 for the cleaning of occupancy.
However, until October 31, 2017, the Plaintiff failed to pay F the remainder of KRW 211,500,000 to F, and F confiscated the down payment of KRW 23,500,000 on the same day, while cancelling the said lease.
After the filing of the instant lawsuit, the Plaintiff filed the instant lawsuit against the Defendant seeking refund of the lease deposit and damages against the Defendant on November 21, 2017. On March 29, 2018, the Defendant returned the Plaintiff KRW 18,000,000 out of the lease deposit, and the Plaintiff returned the remainder of KRW 162,00,000 to the Plaintiff on June 28, 2018, and the Plaintiff handed over the instant real estate to the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, and pleadings.