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1. The Defendant’s KRW 59,836,00 for the Plaintiff and KRW 5% per annum from August 5, 2016 to December 9, 2016.
Reasons
1. On May 11, 2013, the Plaintiff concluded a lease contract with the Defendant and the Seoul Seocho-gu Seoul Metropolitan Government 1nd floor of 196.18 square meters (hereinafter “instant real estate”) with a lease deposit of KRW 70,00,00, monthly rent of KRW 49,000,000, and the lease term of May 10, 2015. On May 31, 2015, the Plaintiff concluded a lease contract with the Defendant for a lease deposit of KRW 70,000,000, monthly rent of KRW 4,620,000, and the lease term of KRW 31 May 31, 2016. Upon the termination of the said lease contract, the Plaintiff may be recognized as being not liable to the Defendant on August 4, 2016, taking into account the following facts: (a) there is no dispute between the parties to the instant real estate, or the Plaintiff’s total amount of KRW 10,000,01.
2. Therefore, the Defendant is obligated to pay to the Plaintiff 59,836,000 won (70,000 won in arrears - 10,164,000 won in arrears) as well as damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from August 5, 2016 until December 9, 2016, which is the service date of the application for change of the purport of the claim and the cause of the claim in this case, and from the next day to the day of full payment, 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.