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1. The Defendant shall pay to the Plaintiff KRW 90,00,000 and the interest rate of KRW 15% per annum from December 6, 2018 to the date of full payment.
Reasons
No dispute exists or comprehensively taking account of the purport of the entire pleadings in evidence Nos. 1 and 2, the Plaintiff leased the lease deposit amount of KRW 90,000,000 from the Defendant on January 2016 to February 17, 2018 and paid KRW 90,000,000 as the lease deposit by setting the lease deposit amount of KRW 90,00 from February 18, 2016 to the period from February 17, 2018, and the said lease agreement expired as of February 17, 2018.
According to the above facts, the above lease contract is terminated upon the expiration of the period, so the defendant shall return the lease deposit to the plaintiff, except in extenuating circumstances.
As the Defendant agreed on October 31, 2018 to sell the instant real estate to the Plaintiff at KRW 15 million, the Defendant asserts that the Plaintiff’s claim for the return of the lease deposit should be dismissed.
However, there is no evidence to prove the fact that a sales contract was concluded, so the defendant's argument is without merit.
Therefore, the plaintiff's claim of this case shall be accepted for the reasons and it is so decided as per Disposition.