1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

(b) KRW 84,876,560 and as regards this, October 2019.

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment with no basis for recognition (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);

3. Part 3 of the dismissal

A. The Plaintiff asserts that the Plaintiff is entitled to pay damages for delay at the rate of 12% per annum from October 10, 2019 to the date of full payment with respect to the aggregate of 84,876,560 won in arrears and the amount of unjust enrichment equivalent to the above overdue rent.

B. First of all, even if a lease deposit has been granted to a lessor, the lessor may freely choose whether to cover the overdue rent from the lease deposit while the lease relationship continues.

Therefore, the overdue rent is not naturally deducted from the lease deposit without any separate declaration of intention, such as deduction, before the termination of the lease contract, and the lessee cannot refuse to pay the rent on the ground of the existence of the lease deposit (see, e.g., Supreme Court Decision 2016Da211309, Nov. 25, 2016). If the payment date is fixed, the obligation to pay the rent is due, the obligation to pay the rent shall be due from the date following the due date, and the liability for delay shall be extinguished only when it is deducted from the deposit, and the obligation to pay the rent shall be due and the liability for delay shall be extinguished, barring any other special circumstances. Therefore, the termination date of the obligation to pay the overdue rent shall be

(see, e.g., Supreme Court Decision 2009Da39233, Feb. 27, 2014). In a lawsuit seeking monetary payment, where the first instance court accepted only a part of the Plaintiff’s claim and dismissed the remainder of the claim, barring any special circumstance, it is reasonable for the Defendant to resist the existence or scope of the obligation until the judgment of the first instance is rendered, and barring any special circumstance, the statutory interest rate under Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is not applied to damages for delay pertaining to the cited amount until the judgment of the first instance is rendered.