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1. The Defendant’s KRW 54,010 as well as the Plaintiff’s annual rate from June 15, 2019 to October 1, 2019, and the next day.
Reasons
1. Facts of recognition;
A. On February 11, 2017, the Plaintiff entered into a lease agreement between the Defendant and Osan-si C and D ground E, which stipulated the lease deposit amount of KRW 47,00,000, and the term of lease from March 6, 2017 to March 5, 2019, and notified the Defendant that he/she would not renew the lease agreement on February 2019 while he/she leased and resided therein, and delivered the said real estate to the Defendant on March 6, 2019.
B. On April 29, 2019, the Plaintiff filed an application with the Defendant for a payment order claiming payment of lease deposit and damages for delay calculated at the rate of 15% per annum from the day following the delivery of the original copy of the above lease deposit and payment order against the Defendant. The original copy of the above payment order was served on the Defendant on June 14, 2019, and the Defendant filed an objection against the above payment order and implemented the instant litigation procedure.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 3, and the purport of the whole pleadings
2. The plaintiff asserted and determined that the lease deposit amount of KRW 47,00,000 due to the termination of the above lease contract and the damages for delay from the next day of the service of the original copy of the payment order of this case shall be claimed. The defendant asserted that the lease deposit was fully repaid to the plaintiff.
According to the purport of the Plaintiff’s evidence No. 1 and the entire pleadings, the Defendant may recognize that the Plaintiff paid KRW 25,00,000,000 to the Plaintiff on May 21, 2019, and KRW 22,00,000 on June 11, 2019 to return lease deposit. However, in the instant case where there is no evidence of assertion as to the agreement on satisfaction of performance between the Plaintiff and the Defendant or the existence of an application for satisfaction of payment, the amount that the Defendant repaid by the Defendant should be appropriated in accordance with the legal principles of satisfaction of payment. The amount that the Defendant paid by the Defendant on May 21, 2019 to the Plaintiff should be appropriated from March 7, 2019 to May 21, 2019 to KRW 47,00,000, KRW 489, KRW 315,005, KRW 706,000 x 7.365 x 5% per annum under the Civil Act on the following real property.