1. The defendant shall pay to the plaintiff KRW 4,263,945.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

1. Facts of recognition;

A. On June 6, 2013, the Plaintiff concluded a lease contract with the Defendant for the rental deposit of 40,000,000 won, monthly rent of 300,000 won, and period of lease from June 28, 2013 to June 2, 2016.

B. The Plaintiff filed a lawsuit against the Defendant for the refund of the lease deposit with this Court Decision 2016Gadan27622, and this Court rendered a judgment on November 15, 2016 that “the Defendant shall pay KRW 40,000 to the Plaintiff,” and the said judgment became final and conclusive as it is.

C. Meanwhile, the Plaintiff transferred the said house on August 7, 2016, and received a dividend of the rental deposit on September 14, 2018.

[Ground of recognition] Facts without dispute, Gap 1 to 7 evidence, Gap 12 evidence, and the purport of the whole pleadings

2. Determination on the cause of the claim is based on the following: (a) duty to return a lessor’s lease deposit and duty to deliver a lessee’s building in a real estate lease agreement relationship; and (b) duty to deliver

If both obligations are jointly performed, even if the other party's obligation becomes due, it shall not be liable for the delay of performance until the other party's obligation is performed. However, if one party has performed the obligation, the right of defense for simultaneous performance shall be extinguished.

According to the above facts of recognition, the Plaintiff was recognized to have delivered the above house on August 7, 2016 and performed its duty of delivery.

Therefore, the defendant is liable to the plaintiff for delay of KRW 40,000,000.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 40,00,000 per annum from August 8, 2016 to September 11, 2018, the delivery date of a copy of the complaint of this case, and KRW 4,241,095 per annum from the next day to September 14, 2018, calculated at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings.

In addition, evidence No. 11.