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1. The Defendant’s KRW 3,875,764 as well as the Plaintiff’s annual rate from December 14, 2015 to October 6, 2016.
Reasons
1. Basic facts
A. On December 10, 2014, the Plaintiff entered into a lease agreement with the Defendant on the entire area of 280.63 square meters on the third floor in Daegu-gun, Daegu-gun (hereinafter “instant real estate”) with respect to the lease period from December 13, 2014 to December 12, 2015 (hereinafter “instant lease agreement”). A lease agreement was entered into between December 13, 2014 and December 12, 2015, the lease deposit amount of 20,000 won, monthly rent of 1,200,000 won (hereinafter “instant lease agreement”). Around December 10, 2014, the Plaintiff agreed to take over the current deposit hall business in the current status and succeed to the contract on November 30, 2012.
B. The Plaintiff paid a lease deposit to the Defendant, and delivered the instant real estate to the Defendant upon the termination of the lease term while operating the depository in the instant real estate.
C. The Defendant returned only 16,00,000 won out of the lease deposit to the Plaintiff, and did not refund the remaining 4,000,000 won, and the Plaintiff did not pay the electricity fee of KRW 92,990, and the water rate of KRW 31,246.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 10-1, 2-2, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion is obligated to pay to the plaintiff the amount of KRW 4,00,000, premium of KRW 35,000,000, premium of KRW 1,200,000, director's expenses, KRW 100,000, 300, 200, 200, 200, 40,500, 000, 200, 200, 200,000, and 40,500,000, and damages for delay.
B. Of the Defendant’s assertion, there is no obligation of the Defendant to pay the remainder of the unpaid deposit, and the unpaid deposit 4,000,000 won is not the remainder of the amount to be paid with the deduction of the cost of recovery, including the cost of recovery from the shower facilities installed at will by the Plaintiff, 124,236 won of unpaid public charges (electric charge 92,90 won, water rate 31,246 won, water rate 31,246 won), and the cost of removal from the floor.
3. Determination
A. According to the above facts, with respect to the unpaid security deposit which is determined on the grounds of the claim, there are special circumstances.