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1. Defendant A’s KRW 15,219,350 for the Plaintiff and KRW 5% per annum from May 11, 2013 to January 17, 2014.
Reasons
1. Basic facts
A. On March 2, 2010, the Plaintiff leased two vinyl C’s ground greenhouses (hereinafter “instant vinyls”) from Defendant A for the period from March 2, 2010 to February 28, 2012, with the lease deposit of KRW 20,000,000, monthly rent of KRW 2,000,000, and the lease term of KRW 2,000,000, from March 2, 2010 to February 28, 2012.
(hereinafter “Lease of this case”). (b)
Defendant B leased two greenhouses located next to the instant vinyl (hereinafter “Defendant vinyl”) from Defendant A, and used them as the workplace and warehouse of the D Company operated by himself. At around August 9, 2012, around 15:40, Defendant A moved the instant vinyl to the instant vinyl on the ground that fire occurred in the Defendant vinyl, and the said vinyl was entirely destroyed.
(hereinafter referred to as “instant fire”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings.
2. On August 9, 2012 regarding the claim for return of the deposit for lease against Defendant A, the instant vinyl was previously handed down due to the instant fire, and the fact that the Plaintiff served on May 10, 2013 a duplicate of the complaint of this case, stating the Plaintiff’s declaration of termination of the lease for this reason, is apparent in the record. Thus, the instant lease contract was lawfully terminated at that time.
The plaintiff's 4,780,650 won is not paid to the defendant A until the fire of this case. There is no dispute between the parties.
Therefore, Defendant A shall pay to the Plaintiff 15,219,350 won, subtracting the unpaid rent of KRW 4,780,650 from the deposit for lease of this case 20,000, and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act until January 17, 2014, which is the date the lease of this case is terminated, until January 17, 2014, and 20% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment.