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1. The Defendant: (a) KRW 250 million to the Plaintiff; and (b) 5% per annum from October 29, 2018 to May 24, 2019 to the Plaintiff.
Reasons
According to the overall purport of Gap evidence Nos. 1 through 3 (including the provisional number), the plaintiff entered into a lease agreement with the defendant on September 30, 2014, setting the lease deposit amount of KRW 250 million with respect to the defendant, Pyeongtaek-si apartment, and D, and the term of lease from October 27, 2014 to October 27, 2017. The plaintiff paid the defendant the above lease deposit amount of KRW 250 million at that time, and the plaintiff delivered the above apartment to the defendant on September 28, 2018, which is after the said term of lease expires.
According to the above facts, the above lease contract was terminated upon the expiration of the period.
Therefore, the defendant is obligated to pay to the plaintiff 250 million won the above lease deposit and its interest rate of 50 million won from October 29, 2018 to May 24, 2019, the delivery date of a copy of the complaint in this case, as requested by the plaintiff, 5% per annum under the Civil Act, from May 24, 2019, and from the next day to May 31, 2019, Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, Article 2 (2) of the Addenda to the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019), Article 3 (1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019).
(Plaintiff filed a claim for the payment of damages for delay calculated at the rate of 15% per annum from October 29, 2018 to the date of full payment, but the portion of damages for delay exceeding the limit recognized earlier is not accepted). Meanwhile, the Plaintiff received a loan of KRW 250 million from financial institutions for a new apartment unit that purchased new apartment units. If the Defendant returned the above lease deposit at once, the Plaintiff did not receive the above loan, and the Defendant paid the above lease deposit amount of KRW 250 million.