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1. The Defendant’s KRW 80,000,000 as well as the Plaintiff’s annual rate from September 28, 2019 to October 29, 2019, and the following.
Reasons
1. Facts of recognition;
A. On May 11, 2017, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the lease of the building D (hereinafter “instant housing”) at Osan-si (hereinafter “instant housing”) and set the lease deposit amount of KRW 80 million and the term of lease from May 31, 2017 to May 30, 2019.
B. On May 31, 2017, the Defendant delivered the instant house to the Plaintiff, and the Plaintiff completed the payment of KRW 80 million to the Defendant on the same day.
C. Around April 3, 2019, the Plaintiff agreed to the Defendant not to renew the instant lease agreement, and the Defendant consented thereto.
In May 2019, the Plaintiff requested the Defendant to “to refund the deposit for lease because he/she is to make a director,” but the Defendant did not refund the deposit for lease on the ground that he/she has no financial ability even after the expiration of the lease term.
E. On September 27, 2019, the Plaintiff removed from the instant house.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 80 million equivalent to the lease deposit and the damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from September 28, 2019 to October 29, 2019, which is clearly indicated that the delivery date of the original copy of the instant payment order from September 28, 2019, to October 29, 2019, and the next day from October 30, 2019 to the date of full payment.
3. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.