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1. The Defendant: (a) KRW 210,00,000 for the Plaintiff and 5% per annum from December 10, 2019 to December 17, 2019; and (b) the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 5, 2017, the Plaintiff entered into a lease agreement with the Defendant to lease (hereinafter “instant lease agreement”) a lease deposit of KRW 210,000,000,000, and from September 20, 2017 to September 19, 2019, the Plaintiff paid the Defendant KRW 210,000,000 in total as the lease deposit and KRW 210,000,000 in total as of September 20, 2019.
B. On August 7, 2019, the Plaintiff expressed to the Defendant the intent of seeking the return of the lease deposit on the expiration date of the instant lease agreement, as the Plaintiff did not intend to renew the instant lease agreement.
C. On December 6, 2019, the Plaintiff received an order to register the right of lease with respect to the instant housing, and delivered the instant housing to the Defendant on December 9, 2019.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 2-4 and the purport of whole pleading
2. According to the facts of the above recognition, since the lease contract of this case was terminated at the expiration of the term, the Defendant is obligated to pay to the Plaintiff the lease deposit of KRW 210,000,000 and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from December 10, 2019 to December 17, 2019, the delivery date of the original copy of the payment order of this case, from December 10, 2019, and 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment
3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.