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1. The defendant shall pay 5,500,000 won to the plaintiff and 12% per annum from January 14, 2020 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On November 13, 2017, the Defendant leased C apartment D (hereinafter “instant apartment”) to the Plaintiff at the Gyeong-nam-do, Young-do.
The original Defendant agreed to deposit KRW 80,000,000, and the term of lease from March 31, 2018 to February 28, 2019.
B. The lease of the instant apartment was terminated on February 28, 2019, which was the expiration date, because the Plaintiff did not want to renew the contract, and the Plaintiff delivered the instant apartment to the Defendant on May 17, 2019.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. According to the above facts of recognition, the lease contract that the original defendant concluded on the apartment of this case was terminated at the expiration of the term, and since the plaintiff delivered the apartment of this case to the defendant, the defendant is obligated to return the lease deposit to the plaintiff.
Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 55,500,000, which is the amount the Plaintiff seeks from the lease deposit, and the damages for delay calculated at the rate of 12% per annum from January 14, 2020 to the day of full payment, which is the day following the delivery of a copy of the complaint.
(Defendant claimed that the deposit was paid KRW 15,800,000 among the security deposit in the objection and reply, and thereafter the Plaintiff reduced the claim amount to KRW 55,500,000 (=80,000,000 - KRW 24,50,000).
3. The plaintiff's claim of this case is accepted as reasonable.