The defendant shall pay to the plaintiff KRW 5,899,539 and to the plaintiff 6% per annum from May 1, 2020 to January 12, 2021 and from the next day.

Facts of recognition

On January 20, 2016, the Plaintiff and the Defendant entered into a lease agreement with the purpose of manufacturing parts of construction equipment, setting the lease deposit of approximately 150 square meters (including 435 square meters and common area; hereinafter “factory of this case”) for a factory south the right-hand side from among the real estate listed in the attached Form, with approximately 150 square meters (including 435 square meters and common area; hereinafter “the instant lease agreement”), monthly rent of KRW 3.2 million (excluding value added tax), from February 15, 2016 to February 14, 2018 (hereinafter “the instant lease agreement”). At that time, the Plaintiff paid the Defendant the lease deposit of KRW 40 million (hereinafter “the instant lease deposit”).

Around February 2020, the instant lease agreement was later renewed, and the agreement between the Plaintiff and the Defendant was terminated on February 14, 2020, and the Plaintiff delivered the instant factory to the Defendant on April 28, 2020.

On May 25, 2020 and May 31, 2020, the Defendant paid KRW 30,875,741 out of the above lease deposit to the Plaintiff after filing the instant lawsuit.

[Ground for recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, and Eul evidence Nos. 1, and the court below's determination as to the ground for a claim as a whole, barring special circumstances, the defendant is obligated to pay the plaintiff the remaining lease deposit 5,89,539 won [=30,875,741 won paid by the defendant - the defendant who is entitled to the deduction of the plaintiff after the plaintiff's additional deduction - the electricity fee, management fee, cleaning, cleaning, water supply, rent, value added tax, etc. which is the sum of 3,224,720 won which the plaintiff is entitled to the additional deduction ] and the above amount of damages calculated from May 1, 202 to January 11, 2021, which is the date of delivery of the factory of this case, 200 per annum 6% of the annual damages from the day after the date of delivery of the plaintiff's application for a change in the grounds for the claim.

Defendant’s assertion