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1. The Defendant’s KRW 500,000,000 as well as 3.5% per annum from May 1, 2018 to August 14, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. On February 25, 2017, the Plaintiff: (a) determined that part of the portion of the commercial building on the ground and four parcels, which was newly constructed by the Defendant, was KRW 500,000,000 on the lease deposit (hereinafter “instant lease agreement”); (b) around February 24, 2017, the Plaintiff paid KRW 500,000 to the Defendant the lease deposit under the said lease agreement.
B. Since the conclusion of the instant lease agreement, conflicts arose between the Plaintiff and the Defendant regarding the timing of construction of the said commercial building, the timing of the Plaintiff’s occupancy, the change in the leased area, and the type of lessee to move in.
C. Accordingly, the Plaintiff and the Defendant terminated the instant lease agreement on January 30, 2018, and the Defendant returned KRW 500,000,000 to the Plaintiff by May 1, 2018, but if the said lease deposit is not refunded by May 1, 2018, the Plaintiff and the Defendant determined to pay the said lease deposit in addition to the delay damages of 3.5% per annum from May 1, 2018 to the date of full payment.
(hereinafter “instant agreement”). D.
Even until now, the Defendant did not pay the Plaintiff the lease deposit and damages for delay pursuant to the instant agreement.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the lease deposit amounting to KRW 500,000,000 and the interest accrued thereon under the instant agreement from May 1, 2018 to August 14, 2018, the agreed interest rate of KRW 3.5% per annum, which is the agreed interest rate, and the damages for delay at the rate of KRW 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
3. Judgment on the defendant's assertion
A. The defendant is not able to accept the plaintiff's claim because the lease contract of this case is reversed due to the reasons attributable to the plaintiff, and the defendant has a claim for damages against the plaintiff.