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The defendant's KRW 115,500,000 to the plaintiff and 5% per annum from June 18, 2020 to October 16, 2020.
Reasons
1. Basic facts
A. On September 20, 2017, the Plaintiff entered into a lease agreement with the Defendant, under which deposit amounting to KRW 150,000,000, and the term of the lease from October 10, 2017 to October 18, 2019 (hereinafter “instant lease agreement”).
B. On October 10, 2017, the Plaintiff occupied the instant loan from the Defendant and transferred the instant loan to the Defendant around the expiration date of the instant lease agreement.
C. On September 30, 2019, the Defendant returned KRW 30,000,000 to the Plaintiff out of the lease deposit.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, the lease contract of this case was terminated upon the expiration of the term, and the plaintiff delivered the loan of this case to the defendant, so the defendant is obligated to return the lease deposit to the plaintiff.
Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the remaining lease deposit of KRW 120,000,000 and damages for delay.
B. The defendant asserts that in addition to the above KRW 30,000,000, the deposit was additionally refunded to the plaintiff, and that the plaintiff was merely paid KRW 4,500,000 as interest for the unpaid deposit.
In addition to KRW 30,00,000, the Plaintiff asserted that the said money was paid as interest rather than the return of the lease deposit. However, there is no evidence to prove that the Plaintiff and the Defendant agreed to pay interest on the remaining lease deposit, and it is reasonable to view that the said KRW 4,500,000 was paid as the return of the remaining lease deposit.
C. Therefore, the Defendant is liable to pay the Plaintiff the unpaid lease deposit 115,500.