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1. The Defendant’s KRW 39,044,630 as well as the Plaintiff’s annual rate of KRW 6% from July 11, 2015 to July 1, 2016.
Reasons
1. Determination as to the cause of claim
A. On July 6, 2010, when the Defendant borrowed KRW 10 million from the Plaintiff, it appears that the Defendant’s seal affixed to the loan certificate and the Defendant’s seal affixed to the loan agreement are the same as the Defendant’s seal affixed to the loan agreement. In full view of the circumstances such as the Plaintiff’s lease agreement and the Defendant’s personal seal affixed to the contract, and the Plaintiff’s specific statement on the preparation process of the contract, the authenticity of the evidence No. 1 (lease) is recognized.
B. In full view of the facts of recognition and determination as Gap evidence Nos. 1 and 2, and the fact-finding with the head of the Daejeon Southern District Headquarters of the Korea Electric Power Corporation, the plaintiff, on October 15, 201, operated the lease deposit with the defendant as KRW 40 million and leased the first floor among the building on the Daejeon Dong-gu D ground (hereinafter "the lease contract in this case"), and the plaintiff operated the business in the above building as "E". The plaintiff and the defendant decided to terminate the lease contract in May 2013, and the plaintiff around that time, delivered the above building to the defendant.
According to the above facts, the defendant is obligated to pay to the plaintiff the lease deposit amount of KRW 40 million and damages for delay, unless there are special circumstances.
2. Judgment on the defendant's assertion
A. As to the claim on the deduction of overdue rent, the Defendant first agreed to pay the rent of KRW 1.2 million per month to the Defendant when entering into the instant lease agreement, and the Plaintiff asserted that the overdue rent should be deducted from the lease deposit, on the grounds that only the rent of KRW 6.9 million was paid from December 1, 2011 to December 1, 2013, which occurred from December 1, 2011, the period during which the building was used, and the remainder of KRW 2.9 million was not paid.
Whether the plaintiff has agreed to pay the rent of KRW 1.2 million per month to the defendant.