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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from December 29, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. On May 29, 2014, the Plaintiff leased the instant real estate from the Defendant with the lease deposit of KRW 40 million, the lease period from May 30, 2014 to May 30, 2015 (hereinafter “instant lease”), and around that time, paid KRW 40 million to the Defendant.
B. The Plaintiff returned the instant real estate to the Defendant around June 2015, which was after the expiration of the lease term of this case.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The assertion and judgment
A. Comprehensively taking account of the facts acknowledged under paragraph (1) of the judgment as to the cause of the claim, the term of the lease of this case between the plaintiff and the defendant was terminated and the plaintiff has already returned the real estate to the defendant, barring any special circumstances, the defendant is obligated to pay to the plaintiff delay damages calculated at the rate of 15% per annum from December 29, 2015 to the date following the expiration of the term of the lease of this case, as the plaintiff seeks, as well as from December 29, 2015 to the date of full payment.
B. On June 2015, the defendant decided on the defendant's assertion (1) that "the first month of the interest per month was worked in other friendship and thus, rather than returning the security deposit of the lease of this case, the payment of KRW 400,000 won from the following month and KRW 800,000 from the following month was changed until the security deposit of the lease of this case was created." Accordingly, the defendant paid to the plaintiff a sum of KRW 2,400,00 won on three occasions from July 2015 to November 4, 2015, and the defendant paid a sum of KRW 400,000 to the plaintiff three times from August 31, 2015 to November 4, 2015. Thus, the defendant's obligation to return the security deposit of the lease of this case to the plaintiff of this case was already converted to the defendant's obligation of loan upon the plaintiff's request. Thus,
(2) As to this, the Plaintiff shall again have the lease term of this case.