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1. The Defendant’s KRW 90,000,000 and the Plaintiff’s annual rate of 5% from August 29, 2019 to December 9, 2019, respectively.
Reasons
Comprehensively taking account of the respective descriptions and arguments as to Gap evidence Nos. 1 through 4, the plaintiff entered into a lease agreement with the defendant and the defendant on June 3, 201, which provides the lease deposit amount of KRW 90,000,000, and the term of lease from July 11, 201 to July 10, 2013. The plaintiff delivered the contract deposit amount of KRW 9,000,000 to the defendant on July 11, 201, respectively, and the remaining amount of KRW 81,00,00,000 on May 31, 201, 201; the plaintiff sent the content-certified mail to the defendant on which the defendant refused to renew the above lease agreement was served at that time; and the fact that the plaintiff delivered the building of this case to the defendant on August 28, 2019.
According to the above facts, since the lease contract between the Plaintiff and the Defendant was implicitly renewed and terminated on July 10, 2019, the Defendant is obligated to pay to the Plaintiff the lease deposit amount of KRW 90,000,000, and damages for delay calculated at the rate of 5% per annum under the Civil Act from August 29, 2019 to December 9, 2019, which is the day following the day when the Plaintiff delivered the building of this case to the Defendant, the original copy of the payment order of this case, and 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
Therefore, the plaintiff's claim of this case shall be accepted for the reasons and it is so decided as per Disposition.