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1. The Defendant’s KRW 1,16,63 as well as the Plaintiff’s KRW 5% per annum from May 12, 2015 to October 8, 2015.
Reasons
Basic Facts
A. So-called “privately constructed rental housing” under Article 2 subparag. 2-3 of the Rental Housing Act. The Plaintiff is a rental business operator who acquired the ownership of the above C Apartment on January 4, 200 and registered the rental business of the above apartment on January 12, 200.
B. On September 22, 2008, the Plaintiff entered into a lease agreement with the Defendant and the said C Apartment 101 Dong 504 (hereinafter “instant apartment”) with a term of KRW 30,000 from September 22, 2008 to September 22, 2010, which included the following contents (hereinafter “instant lease agreement”). Around that time, the Plaintiff paid a deposit amount of KRW 30,000,000 to the Defendant, and occupied the instant apartment after delivery from the Defendant.
Article 1 (Rental Deposit, Rent, and Term of Lease) (4) "B" (referring to the plaintiff; hereinafter the same shall apply) shall deposit the rental deposit referred to in paragraphs (1) and (2) to "A" (referring to the defendant; hereinafter the same shall apply) without interest, and if the deposit is not paid by the deadline referred to in paragraph (2), it shall be paid by adding 5% per month the overdue interest rate calculated by applying this fund
Article 4 (Management Expenses and User Fees) "B" shall pay management expenses and user fees to the management entity designated by "A" or "A" within the period prescribed by a separate special agreement, and if the management entity fails to comply with the payment, "A" shall add the late payment charges calculated by the overdue rate under the provisions of paragraph (4) of Article 1 to the amount in arrears.
Article 7 (Scope of Management of Rental Housing) Common parts and ancillary and welfare facilities of the foregoing housing shall be managed by a housing management operator designated by "A" or "A", and the housing and its internal facilities shall be managed by "B".
Article 8 (Limits on Remuneration) (1) The remuneration and repair of the above house shall be "A", and the expenses shall be borne by "B" and the facilities inside and outside the above house.