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1. The Defendant’s KRW 90,000,000 as well as 5% per annum from January 16, 2019 to April 18, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 14, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to D and Goyang-gu E and 3rd floor F (including a rooftop; hereinafter “instant real estate”) with the terms of a deposit of KRW 90,00,000, and the term of the lease from May 27, 2016 to May 26, 2018.
B. The entire ownership of the instant building, including the instant real estate owned by D, was transferred to G on October 12, 2016, and to G on December 11, 2017, respectively.
C. Although the term of the instant lease agreement expired, the Defendant did not return the instant lease deposit, and the instant real estate was delivered to the Defendant around July 26, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2-1, 3-2, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the facts of the determination as to the claim for the repayment of the lease deposit, the instant lease agreement was terminated on May 26, 2018, and the Defendant transferred the ownership of the instant real estate to a lessor and succeeded to the lessor’s status after re-transfer of the ownership from G who succeeded to the status of the lessor. As such, the Defendant is obliged to pay the Plaintiff the deposit amount of KRW 90,000,000 and delay damages.
B. 1 Plaintiff’s assertion on the claim for damages discussed the issue on the refund of the instant lease agreement between C and C, the Defendant’s headquarters around the expiration date of the instant lease agreement, and C responded to the Plaintiff on May 24, 2018 that the full amount of the deposit should be refunded to the Plaintiff, and thus, the Plaintiff did not receive KRW 90,00,000 from the Defendant’s promise to pay the deposit to the new director without justifiable grounds. Accordingly, the Plaintiff did not incur damages equivalent to KRW 1,958,850 from June 2018 to December 2018.