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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from August 3, 2018 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On June 11, 2015, the Plaintiff concluded a lease agreement with the Defendant’s mother representing the Defendant, setting the lease deposit amount of KRW 48,00,000, and the lease term of August 20, 2015 to August 20, 2017, between the Plaintiff and the Defendant’s mother of Nam-gu, Incheon (hereinafter “instant loan”) to lease the Plaintiff’s first floor E (hereinafter “instant loan”).
(hereinafter “instant lease agreement”). Since August 11, 2017, between the Plaintiff and the Defendant, the lease deposit was increased to KRW 50,000,000, and the term of the lease was set from August 20, 2017 to August 20, 2019 and the said lease was renewed.
(hereinafter “instant renewed lease agreement”). (b)
The Plaintiff paid KRW 50,000,000 to the Defendant as a deposit for lease in accordance with the instant lease agreement and the instant renewed lease agreement.
C. Around April 2018, the Plaintiff, after having completed the move-in report on the instant Borrowing, went out from the instant Borrowing on and around the end of April 2018. At the time, F, who was the Plaintiff, notified C of the fact of leaving contact and sent a copy of the Plaintiff’s passbook to C, and demanded the return of the lease deposit.
C rejected the return of the lease deposit on the ground of the visit of the instant Bara and the key of the toilet gate, and rejected the return of the lease deposit on the ground that the F was unable to refund the lease deposit unless the Plaintiff himself/herself talks with the visit and repair work for the toilet site.
E. Meanwhile, on June 13, 2018, the Defendant entered into a lease contract with Nonparty G by setting the lease deposit of KRW 60,000,000, and the term of lease from July 26, 2018 to July 25, 2020. Nonparty H completed the move-in report on the instant loan on July 13, 2018 and reside in the instant loan.
[Grounds for Recognition] Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 1 of this Court, and I. of this Court.