1. The Defendant’s KRW 85,00,000 and its amount shall be 5% per annum from November 8, 2019 to November 18, 2019 to the Plaintiff.

1. Basic facts

A. On August 25, 2017, the Plaintiff and the Defendant concluded a lease agreement with respect to the C Building D (hereinafter “instant real estate”) with a deposit of KRW 85,00,000, and the period from September 1, 2017 to September 1, 2019.

(hereinafter “Lease of this case”). (b)

On September 1, 2017, the Plaintiff paid KRW 85,000,000 to the Defendant according to the instant lease agreement, and around that time, occupied the instant real estate by being handed over from the Defendant.

C. On September 5, 2019, the Plaintiff notified the Defendant of the termination of the instant lease agreement, and claimed the return of the instant lease deposit.

The Plaintiff applied for the order of lease registration of the instant real estate as the Suwon District Court 2019Kadan100430, and received the order of lease registration from the said court on September 20, 2019, completed the lease registration on November 7, 2019, and delivered the instant real estate to the Defendant on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the instant lease agreement was terminated upon the expiration of the period, and the Plaintiff delivered the instant real estate to the Defendant on November 7, 2019, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 85,00,000 won for lease deposit and 5% per annum prescribed by the Civil Act from November 8, 2019 to November 18, 2019, which is the day following the delivery date of the copy of the instant written complaint, and from the next day to the day of full payment, 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

B. The Defendant asserted that the Defendant’s assertion regarding the Defendant’s restitution 1 has damaged the remote area and the drum laundry during the Plaintiff’s use of the instant real estate, and thus, deliver it to the original state.