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1. The defendant shall pay to the plaintiff KRW 41,295,082 as well as KRW 15,00,000 among them, from December 6, 2016 to the day of full payment.
Reasons
1. Facts of recognition;
A. On February 28, 2006, the Plaintiff filed a lawsuit seeking the return of the lease deposit against the Defendant as the Seoul Central District Court Decision 2007Gaso279046, stating that “The Plaintiff entered into a lease agreement with the Defendant on February 28, 2006, under which the Plaintiff leased the No. 102 of the 1st floor of the 1st floor of the building on the land outside Jongno-gu Seoul, Jongno-gu, Seoul (hereinafter “instant building”) on the expiration of the lease term, and the instant building was delivered to the Defendant upon the expiration of the lease term, but only a part of the lease deposit was returned, and the remainder was not returned KRW 15 million
(hereinafter “Prior Lawsuit”). B.
In the preceding lawsuit of this case, the Seoul Central District Court rendered a judgment in favor of the plaintiff that "the defendant shall pay to the plaintiff the amount of KRW 15 million and the amount calculated at the rate of 20% per annum from March 1, 2008 to the date of full payment" and the above judgment (hereinafter "the preceding judgment of this case") became final and conclusive around that time.
C. From the date of the final and conclusive judgment of the instant case, the ten-year lapse of the extinctive prescription period of the claim for return of lease deposit, which is the cause of the instant judgment, the Plaintiff filed the instant lawsuit based on the same claim for return of lease deposit for the purpose of extending the extinctive prescription period.
The amount of 15 million won calculated by the rate of 20% per annum from March 1, 2008 to December 5, 2016 is 26,295,082 won.
[Ground of recognition] Gap evidence No. 1, the whole purport of the pleading
2. Determination:
A. According to the above facts as to the Plaintiff’s cause of claim, the Defendant is at least 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as the Plaintiff seeks from March 1, 2008 to December 5, 2016, with respect to the total amount of KRW 41,295,082 and KRW 15 million, which are calculated at the rate of 20% per annum from March 1, 2008 to KRW 15 million.