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1. The Defendant’s KRW 17,212,50 for the Plaintiff and KRW 5% per annum from April 1, 2015 to July 26, 2016.
Reasons
1. Basic facts
A. On November 29, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 30 million, monthly rent of KRW 1705,00 (including value-added tax), and the lease period of November 30, 201 to November 29, 2012, with respect to the prefabricated Fac 68-5 (Ssi-dong 185-2) a prefabricated Faccha-si Building 250 square meters (hereinafter “instant building”).
B. Upon the Defendant’s request, the Plaintiff paid for nine months out of the rent stipulated in the instant lease agreement from December 30, 201 to October 5, 2012 to A, a creditor of the Defendant.
C. On April 15, 2013, the Plaintiff sent a notice to the Defendant on April 15, 2013 that the instant lease agreement had expired, and thus, the Plaintiff returned the instant lease deposit by content-certified mail.
Grounds for recognition: Gap, 3, 4, 6, 7-1-5, 8, and the whole purport of the pleading.
2. Determination
A. (1) The Plaintiff’s assertion (1) asserts that, as the Plaintiff refused to renew the instant lease agreement and delivered the instant building to the Defendant around October 2012 prior to the expiration date of the said lease agreement, the Defendant should pay the Plaintiff the lease deposit amount of KRW 30 million and damages for delay.
(2) The Defendant asserts that, as the Plaintiff used and enjoyed the instant building until June 30, 2014, the Plaintiff did not have any security deposit to be returned to the Plaintiff when deducting the overdue rent and unjust enrichment equivalent to the rent accrued up to that time.
B. (1) The issue of the instant case is when the Plaintiff delivers the instant building to the Defendant, since there is no dispute between the parties that the instant lease contract was terminated.
According to the reasoning of the judgment of the court below and the fact-finding on the Korea Electric Power Corporation, the plaintiff was about the building of this case on June 5, 2012 to the Korea Electric Power Corporation.