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1. The Defendant’s KRW 10,145,214 as well as the Plaintiff’s annual rate from February 17, 2016 to February 9, 2017.
Reasons
1. The Plaintiff’s assertion: (a) the Defendant occupied, from April 15, 2013 to May 31, 2014, 500 won (hereinafter “instant real estate”), which is owned by the Plaintiff, for the Plaintiff, KRW 3,755,00 (2.8 million + (2.8 million won + from April 15, 2013 to May 31, 2014).
5. Until October 250 (2650,000 won ¡¿ 2650,000 won) (from May 11, 2013 to the same year.
6. The claim that: (a) 50 days/30 days (2.8 million won x 2.8 million won x 11 months from July 1, 2013 to May 31, 2014) ; (b) 5,163,125 won (i.e., annual interest (=3,750,000 won x 15% per year x 15% per year x 11/12 months from May 10, 2013 to May 31, 2014); (c) 2,943,040 won in total of management expenses from May 1, 2013 to April 2014; (d) removal and removal charges; charges for causing traffic congestion; 1,000 won in total; and (e) other expenses (charges for causing traffic congestion; 300,000 won in total); and
2. Determination
A. Comprehensively taking account of the overall purport of pleadings as to Gap evidence Nos. 1 and 5-2 and 6, the Plaintiff acquired the ownership of the instant real estate that was owned by the Defendant on April 15, 2013; on May 10, 2013, the Plaintiff entered into a lease contract with the Defendant for the lease deposit of KRW 50 million; on May 10, 2013, the lease deposit of the instant real estate was KRW 2,200,00 (the lease deposit of this case shall be paid after October; on the other hand, the interest rate of KRW 24% per annum shall be added); on May 10, 2013 through May 10, 2015 (hereinafter “the lease of this case”); on the other hand, between the Defendant and the Defendant at the time of the lease of this case, the Plaintiff and the Defendant would bear the burden of cleaning the environmental improvement charges, charges for causing traffic congestion; and on the other hand, the Plaintiff agreed to recover the instant real estate from the lease deposit to its original state.