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1. The Defendant’s KRW 11,00,000 as well as 5% per annum from March 5, 2014 to November 26, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. On May 1, 2010, the Plaintiff entered into a lease agreement with the Defendant, setting forth subparagraph 101 (hereinafter “instant lease agreement”) from May 1, 201 to May 4, 2012, under which the term of lease deposit was KRW 50,00,000, monthly rent of KRW 480,000, and the term of lease was from May 5, 2010 to August 4, 2012.
B. On April 27, 2012, prior to the expiration of the instant lease agreement, the Plaintiff sent to the Defendant a certificate to the effect that “the instant lease agreement is terminated on August 4, 2012, and thus, the instant building is restored to its original state and its delivery is changed.” At that time, the said certificate of content reached the Defendant.
C. Nevertheless, as the Defendant did not deliver the instant building, on August 14, 2012, the Plaintiff filed a claim suit against the Defendant for the delivery of the building under the Seo-gu District Court Branch Branch 2012Kadan23539, Jul. 24, 2013, and was sentenced to a judgment on July 24, 2013 (hereinafter referred to as the “instant judgment”) that “the Defendant would receive from the Plaintiff an amount calculated by deducting the amount calculated by the ratio of KRW 43,751,693 from the Plaintiff to the 4,800,000 from May 6, 2013 to the completion date of delivery of the instant building, and simultaneously deliver the instant building to the Plaintiff” (hereinafter referred to as the “instant judgment”). The instant judgment became final and conclusive on August 13, 2013.
On September 28, 2013, the Defendant delivered the instant building to the Plaintiff on September 28, 2013, in which the Plaintiff intended to enforce compulsory execution under the instant judgment, but did not perform its duty to restore it. Accordingly, the Plaintiff requested the Plaintiff to restore the instant building to its original state through the certification of its content on October 4, 2013, but the Defendant did not comply therewith at the Plaintiff’s expense, and restored the instant building to its original state by carrying out construction of the floor, walls, seals, etc. of the instant building to its original state, and paid KRW 33,00,000 at its expense.