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1. The Defendant’s KRW 4,891,727 with respect to the Plaintiff and 5% per annum from April 3, 2019 to June 18, 2019.
Reasons
1. Facts of recognition;
A. On July 9, 2015, the Plaintiff entered into a contract with the Defendant to lease the lease deposit amounting to KRW 65 million and the lease deposit period from July 15, 2015 to July 15, 2017 (hereinafter “instant lease contract”). At that time, the Plaintiff paid the Defendant the lease deposit amounting to KRW 65 million and received the instant tenement from the Defendant.
B. On February 23, 2017, the Plaintiff revealed his/her intention to refuse to renew the instant lease agreement and requested the return of the lease deposit, but the Defendant failed to comply therewith. On August 17, 2017, the Plaintiff issued the order of lease registration by the court 2017Kao32, and completed the registration of the housing lease on September 22, 2017, and delivered the instant tenement to the Defendant on September 22, 2017.
C. The Defendant deposited KRW 60,722,030,000 (hereinafter “instant deposit”) with the Defendant deposited KRW 65,000,000,000 (hereinafter “instant deposit”) as the deposit cause for the Plaintiff’s refusal to receive KRW 60,72,030, which deducted the Plaintiff’s expenses for restoring the damaged facilities caused by the Plaintiff to its original state. The Plaintiff deposited KRW 60,72,030 on November 5, 2018 as the deposit account.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 and 10, witness E's testimony, the purport of whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff is obligated to refund KRW 65 million to the Plaintiff, a lessor, upon termination of the termination of the lease agreement of this case upon the expiration of the term of validity. The Plaintiff reserved and receives an objection to KRW 60,722,030,00 for the instant deposit, and the Plaintiff first appropriated the instant deposit for the repayment of KRW 8,110,13,00 from September 23, 2017 to January 15, 2019 due to the delay in repayment of the instant lease deposit. As a result, the instant deposit was appropriated first for the repayment of KRW 52,611,897 (60,722,030 - 8,110,133,00 out of the principal.