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1. The Defendant’s KRW 45,728,785 as well as the Plaintiff’s KRW 6% per annum from September 29, 2013 to October 7, 2014.
Reasons
1. Basic facts
A. A. Around August 2010, the Plaintiff leased DMoel located in Geumcheon-gu Seoul Metropolitan Government (hereinafter “instant building”) to the Defendant with the lease deposit of KRW 1.4 billion, monthly rent of KRW 33 billion, and the lease term from August 10, 2010 to August 10, 2012 (hereinafter “the lease of this case”), and delivered the instant lease around August 10, 2010.
B. Meanwhile, from November 201 to January 201, the Plaintiff borrowed a total of KRW 800 million from the Defendant, the Plaintiff was sentenced to the Seoul Southern District Court Decision 2012Gahap9288 on December 6, 2012 to pay damages for delay at the rate of KRW 80 million per annum from April 5, 2012 to the day of full payment, and the judgment became final and conclusive around that time.
C. On October 31, 2012, the Defendant filed a lawsuit against the Plaintiff seeking the return of KRW 1.2 billion (the amount deducted from the overdue rent owed by the Defendant) out of the lease deposit under the said lease agreement (hereinafter “the previous lawsuit”) with the Seoul Southern District Court 2012Gahap20483, when occupying the instant building even after the lease term of this case expires.
o The Plaintiff shall pay the amount of KRW 1.9 billion in total, plus KRW 132,383,561, and damages for delay up to January 31, 2013, the principal of the lease deposit and the amount of KRW 800,000,000,000,000 to be returned pursuant to the instant lease agreement, Seoul Southern District Court 201Kahap9288, and the amount of KRW 1.6 billion shall be paid to E.
o The defendant shall submit to the plaintiff a written withdrawal of the lawsuit by February 1, 2013 with respect to the lawsuit filed by the Seoul Southern District Court 2012Gahap20483 against the plaintiff for the claim for return of the lease deposit.
o The Plaintiff and the Defendant did not raise any civil or criminal objection in relation to the Seoul Southern District Court 2012Gahap9288, the same court 2012Gahap20483, and the public charges up to the delivery date of the instant building are separate.