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1. The Defendant shall pay to the Plaintiff KRW 60 million with 15% per annum from February 8, 2017 to the day of complete payment.
Reasons
① On June 23, 2013, the Plaintiff entered into a lease agreement with the Defendant on KRW 60 million with respect to the part of a multi-household house on the fifth fifth floor in Mapo-gu, Seoul. The Plaintiff and the Defendant: (a) paid the deposit money to the Defendant; and (b) occupied and used the above part of the house for residence upon delivery; (c) the Plaintiff and the Defendant entered the lease agreement with the above multi-household house 402, not for the convenience building at the time of entering into the above lease agreement; (c) the resident registration was also completed; (d) the real estate auction procedure for the above multi-household house was conducted under the court D; (d) the Plaintiff failed to demand a distribution of the deposit due to the difference between the actual building and the building on the resident registration; and (d) the Plaintiff retired from the above part of the house on the end of 2016 upon the request of the parties, or was unable to obtain the opposing power of the lessee due to the conclusion of the lease agreement between the Plaintiff and the above multi-household house on the expiration of the lease agreement.
Therefore, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 15% per annum from February 8, 2017 to the day of full payment, which is the day following the delivery date of the complaint filed by the plaintiff, as the payment of the above lease deposit 60 million won and the damages for delay calculated from February 8, 2017 to the day of full payment.
Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.