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1. The Defendant’s KRW 120,000,000 as well as 5% per annum from December 29, 2014 to January 27, 2015 to the Plaintiff.
Reasons
1. Judgment on the ground of the Plaintiff’s claim
A. On October 24, 2012, the Plaintiff entered into a lease contract with the Defendant for the lease deposit amounting to KRW 120 million (hereinafter “instant deposit”) and the lease term from December 29, 2012 to December 28, 2014 (hereinafter “instant lease contract”). Accordingly, the Plaintiff paid the instant deposit to the Defendant. The fact that the Plaintiff occupied and used the instant apartment and delivered the instant apartment to the Defendant on or around December 28, 2014, which was the expiration date of the instant lease contract, does not conflict between the parties, or that the Plaintiff acquired the instant apartment to the Defendant on or around December 28, 2014, by taking account of the overall arguments as stated in subparagraphs A and B.
B. According to the above facts, the instant lease contract was terminated on December 28, 2014 due to the expiration of the lease term, barring any special circumstance.
As the plaintiff delivered the apartment of this case to the defendant, the defendant is obligated to pay to the plaintiff the amount of KRW 120 million deposit of this case and the damages for delay calculated by the rate of 5% per annum prescribed by the Civil Act from December 29, 2014 to January 27, 2015 and 20% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
I would like to say.
2. As to the judgment on the defendant's defense, since the defendant agreed to extend the term of the lease agreement between the plaintiff and the plaintiff around October 2014, which was before the expiration of the term of the lease agreement of this case, the defendant did not have any obligation to return the deposit of this case until the expiration of the extended term of the lease agreement of this case. Thus, the defendant's temporary transfer between the plaintiff and the plaintiff around October 6, 2014, and the defendant's temporary transfer from the apartment of this case.