beta
Text
1. The defendant shall pay to the plaintiff KRW 242,00,000 and KRW 130,000 among them, monthly from February 20, 2018 to the day of full payment.
Reasons
1. Determination as to the cause of claim
A. We examine the following facts. The following facts do not conflict between the parties, or may be acknowledged by taking into account the respective descriptions of Gap evidence 1 to 3 and the whole purport of oral arguments:
1) On March 8, 2009, the Plaintiff between the Defendant and the Defendant, and on March 8, 2009, Yongsan-gu Seoul Metropolitan City C apartment 607 Dong 402 (hereinafter “instant apartment”).
(2) On March 19, 2009, the Defendant entered into a lease agreement with the term of KRW 130,000,000,000 for the lease deposit and the term of KRW 24 months from April 3, 2009. However, on March 20, 2009, the Defendant borrowed KRW 200,000 from the Gangseo Agricultural Cooperative on the loan of KRW 200,000 from the Gangseo Agricultural Cooperative, and on March 20, 2009, set up the right to collateral security with the maximum debt amount of KRW 240,00,000 for the instant apartment.
Nevertheless, as the Defendant did not notify the Plaintiff of such fact, the Plaintiff paid all the above lease deposit to the Defendant on March 20, 2009, and received a fixed date in the lease agreement and made a move-in report on the instant apartment.
3) The Plaintiff became aware of the foregoing fact and thereafter raised an objection to the Defendant, but the Defendant did not cancel the above right to collateral security, and the Plaintiff agreed to cancel the above lease agreement with the Defendant and refund the above lease deposit from the Defendant on the date of delivery of the instant apartment to the Defendant. However, the Plaintiff delivered the above apartment on or around July 2010, but the Defendant did not refund the above lease deposit to the Defendant. However, as the Plaintiff continuously demanded the return of the lease deposit to the Defendant, the Defendant agreed to pay the Plaintiff KRW 1.6 million per month as damages for delay to the Plaintiff from April 20, 2011 to the date of full payment of the lease deposit.
B. According to the above facts, the defendant's above-mentioned lease deposit amounting to KRW 130 million and the above-mentioned agreement shall apply to the plaintiff.