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1. The Defendant’s KRW 85,00,000 as well as the Plaintiff’s annual rate from August 31, 2018 to May 15, 2019, and the following.
Reasons
1. Facts of recognition;
A. On August 20, 2016, the Plaintiff entered into a lease agreement between D and D, a licensed real estate agent, with respect to the E-family house located in Jinju-si (hereinafter “instant building”) owned by the Defendant, with respect to the lease deposit amount of KRW 85 million, and the lease term of the instant building from August 31, 2016 to August 30, 2018 (hereinafter “instant lease agreement”), and thereafter, paid KRW 85 million to the Defendant the lease deposit of the said lease agreement.
B. On August 30, 2018, the Plaintiff delivered the above F subparagraph to the Defendant at the expiration of the instant lease agreement term.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 5, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the instant lease agreement was terminated due to the expiration of the contract term, and the Plaintiff is obligated to pay the Plaintiff the lease deposit amount of KRW 85 million to the Defendant, and the Plaintiff’s delayed payment damages calculated at the annual rate of 15% per annum under the Civil Act from August 31, 2018 to May 15, 2019, when the original copy of the instant payment order was delivered to the Defendant from August 31, 2018 to May 31, 2019, and from the following day until May 31, 2019, the former provision on statutory interest rate of Article 3(1) of the former Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019).
[The statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) is 12% per annum from June 1, 2019, and thus, the part of the claim for delay damages that is claimed in excess of the annual 12% from June 1, 2019 is rejected.]
3. The defendant's assertion.