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1. The Defendant calculated 250,000,000 won with interest rate of 12% per annum from August 15, 2019 to the date of full payment.
Reasons
1. The assertion and judgment
A. On February 5, 2015, the Plaintiff leased C Apartment D (hereinafter “instant apartment”) from the Defendant for the lease deposit of KRW 250,00,00,00, and from February 27, 2015 to February 26, 2017, the lease deposit was paid. The above lease deposit was extended by February 26, 2019, and the Plaintiff returned the instant apartment to the Defendant on or around April 2019. The fact that the Plaintiff returned the instant apartment to the Defendant is either a dispute between the parties, or that the Plaintiff returned the instant apartment to the Defendant on or around February 26, 2019 in full view of the purport of each of the entries and arguments as stated in Gap 1, 2, and 3.
According to the above facts, the defendant is obligated to return the above lease deposit to the plaintiff according to the termination of the above lease contract, except in extenuating circumstances.
B. As to the judgment on the defendant's defense, the defendant asserted that the defendant agreed to refund the lease deposit at the time of entry of the new lessee because it is difficult for the new lessee to seek a lessee with a large amount of 58 square meters, but there is no evidence to acknowledge this, the defendant's above assertion is rejected.
C. According to the theory of the lawsuit, the Defendant is obliged to pay the Plaintiff the lease deposit of KRW 250,000,000 and the damages for delay calculated by the rate of 12% per annum from August 15, 2019 to the date of full payment after the date of delivery of the instant payment order to the Defendant.
2. The plaintiff's claim for conclusion is accepted on the ground of the reasons.