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1. The Defendant shall pay to the Plaintiff KRW 80,00,000 and the interest rate of KRW 15% per annum from December 2, 2016 to the date of complete payment.
Reasons
1. Determination as to the cause of claim
A. The following facts can be acknowledged in accordance with the purport of each of the statements and arguments as to Gap evidence Nos. 1 and 2, and there is no counter-proof.
1) On October 19, 2013, the Plaintiff (hereinafter “instant apartment”) from the Defendant, the Gyeonggi-gu Gyeonggi-gun Co., Ltd., 1403 (hereinafter “instant apartment”).
(2) The Plaintiff requested the Defendant to return the lease deposit amount of KRW 100 million upon the expiration of the above lease term from December 1, 2015 to December 7, 2015, with the lease term fixed from November 29, 2013 to November 29, 2015. (2) However, the Defendant did not pay the remainder of KRW 80 million to the Plaintiff by returning the lease deposit amount of KRW 20 million on several occasions from December 1, 2015 to December 7, 2015.
3 The plaintiff delivered the above apartment to the third party who acquired the ownership of the apartment of this case through the auction procedure in 2016.
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff delay damages at the rate of 15% per annum from December 2, 2016 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order, sought by the Plaintiff, with the remainder of KRW 80,000,000,000 and after the due date.
2. In conclusion, the plaintiff's claim can be accepted, and it is so decided as per Disposition by admitting it.