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1. The Defendant’s KRW 7,00,000 and the Plaintiff’s annual rate of KRW 5% from July 19, 2012 to January 10, 2018.
Reasons
1. Facts of recognition;
A. On July 15, 2009, the Plaintiff and Nonparty C entered into a lease agreement (hereinafter “C agreement”) between the Plaintiff and Nonparty C with respect to D Apartment Complex E (hereinafter “instant real estate”) with a deposit of KRW 7 million, monthly rent of KRW 700,000 (payment in advance on January 1, 2009), and the term of lease from August 1, 2009 to July 31, 2012.
B. On September 7, 2009, the Defendant, as a lessee of the instant real estate, prepared and issued a “written confirmation of the lease (Evidence No. 4; hereinafter the same shall apply)” to confirm the items and quantity of the existing facilities to the Plaintiff.
(The confirmation of this case is written by the defendant as lessor, but it seems to be a clerical error in error).
On July 10, 2012, the Plaintiff and the Defendant entered into a secondary lease agreement on the instant real estate (hereinafter “instant lease agreement”).
The lease deposit of the instant lease agreement is KRW 25 million.
The down payment of KRW 15 million was paid at the time of a contract, the remainder of KRW 10 million was paid on July 18, 2012, and the rent of KRW 1 million was paid in advance on the 20th of each month.
The lease term is from July 18, 2012 to July 17, 2014.
From September 8, 2009 to May 4, 2012, the Defendant deposited KRW 700,000 as KRW 7 million (excluding the unpaid month recognized below), and July 19, 2012 (the Plaintiff alleged that the Defendant did not pay the rent for July 2012, but the Defendant deposited KRW 1,100,000 on July 19, 2012, which is the following day after the outstanding payment date of the instant lease, from July 24, 2014. The said money paid the remainder of the lease deposit and KRW 100,000,000 as monthly rent for July 24, 2014.
E. The Plaintiff returned KRW 700,000,000 to the Defendant on September 1, 2014, and KRW 205 million on September 2, 2014, out of the lease deposit under the instant lease agreement.
F. The Defendant against the Plaintiff.