1. The portion of the claim for the return of the deposit for lease and the delay damages which became final and conclusive in the judgment of the first instance, that is, before the return.

After the remand, the plaintiff at the first instance court claimed the return of the lease deposit and the return of the down payment due to the cancellation of the contract or the impossibility of performance of the contract deposit against the defendant and the selected company, and the court of the first instance ordered the defendant and the selected company to jointly pay the lease deposit amount of KRW 3,590,130,193, the down payment of KRW 4 billion, the penalty of KRW 11,590,130,139, and the delay damages thereof. The court of first instance ordered the plaintiff to jointly pay the lease deposit of KRW 11,590,139,139 and the late payment damages of KRW 3,590,130,193, the remainder of the lease deposit of KRW 4 billion and the down payment of KRW 10,590,130,130,193 and the late payment damages of KRW 4 billion to the defendant and the selected company.

As to this, the defendant and the designated company filed an appeal against the whole part of the judgment against the defendant, and on September 2, 201, the part of the judgment against the defendant was excluded from the object of the judgment of the court of final appeal. Since the part of the judgment against the defendant on September 2, 201 regarding the return of lease deposit in the judgment against the defendant, the part of the judgment against the defendant on September 2, 201, which is 3,590,130,193 won and 6% per annum from October 9, 2009 to September 15, 2010, which exceeds the amount calculated at the rate of 20% per annum from the next day to the day of complete payment, and the part of the judgment against the defendant about the return of down payment and delayed payment thereof, is reversed and remanded to Seoul High Court, the object of the judgment before the judgment of the court of final appeal is limited to the return of down payment and delay payment of the plaintiff's claim and the part against the defendant.

Facts of recognition

The Plaintiff is a party.