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1. The defendant shall pay to the plaintiff KRW 72 million and 5% per annum from May 9, 2019 to May 22, 2019, and the next day.
Reasons
1. Facts of recognition;
A. On July 23, 2016, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 80 million, and the lease term period from July 23, 2016 to July 22, 2018, with respect to the multi-household D multi-household housing (hereinafter “instant housing”).
B. On May 8, 2019, after the termination of the lease, the Plaintiff issued the key to the instant house to the Defendant through the guardian B, and received eight million won as a part of the lease deposit.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings
2. According to the facts found above, the Defendant is obligated to pay to the Plaintiff the lease deposit amount of KRW 72 million upon termination of the lease (=80 million - 8 million) and the damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from May 9, 2019 to May 22, 2019, on the record that the delivery date of a copy of the instant complaint is obviously a delivery date of the instant complaint from May 9, 2019 to May 22, 2019.
3. In conclusion, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed. It is so decided as per Disposition.