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1. The Defendant’s KRW 63,013,890 as well as 5% per annum from March 5, 2014 to July 21, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. On August 201, the Defendant entered into a contract with B to lease one parcel of land among the factory buildings located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and three lots of land owned by the Defendant (hereinafter “instant factory building”), and to lease the remaining parcel of land (the Plaintiff and the Defendant referred to as “one party two factories”; hereinafter referred to as “instant secondary factory”) to the Plaintiff for convenience.
B. Since the removal of B, and as a new lessee, C and D were to move into the relevant site, the Plaintiff and the Defendant concluded a lease agreement again on August 12, 2013 to clarify the leased portion among the lessees. The lease deposit is KRW 300 million, monthly rent is KRW 10 million, and the lease period is from August 1, 2013 to December 31, 2013.
(hereinafter “instant lease agreement”). C.
Upon the termination of the instant lease agreement, the Plaintiff delivered the leased object to the Defendant, and on March 4, 2014, the Defendant returned KRW 150 million out of the lease deposit to the Plaintiff.
The sum of the Plaintiff’s arrears and electricity charges under the instant lease agreement is KRW 86,986,110.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 (including each number), the purport of the whole pleadings
2. The parties' assertion
A. Since the Plaintiff delivered the leased object to the Defendant upon the termination of the instant lease agreement, the Defendant is obligated to pay to the Plaintiff the deposit amount of KRW 63,013,890 (150,000,000,000 for the unpaid deposit and the electricity fee of KRW 86,986,110) and damages for delay.
B. The Plaintiff, while occupying and using the instant 2 plant, arbitrarily dismantled BHra (referring to electric installations installed with both automatic folders, correction devices, gas cutting devices, and provisional assembly devices) and machinery and equipment owned by the Defendant. Accordingly, the Defendant is in the electrical room.