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1. The Defendant’s KRW 45,00,000 per annum for the Plaintiff and 5% per annum from July 23, 2019 to July 30, 2019.
Reasons
Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 13, the plaintiff entered into a lease agreement with the defendant on June 30, 2016 on the deposit deposit amounting to 45,00,000 square meters of the Dongjak-gu Seoul Metropolitan Government building D No. 23 square meters of the building owned by the defendant, and the term of lease from July 15, 2016 to July 14, 2018; the plaintiff paid the above deposit money and received the above real estate; the lease agreement was terminated due to the expiration of the term of the lease; the plaintiff completed the settlement of management expenses, etc. on July 22, 2019; and the fact that the above real estate was delivered to the defendant is recognized.
According to the above facts, the defendant is obligated to pay to the plaintiff 45,00,000 won and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from September 23, 2017 to July 30, 2019, the delivery date of a copy of the application for modification of the purport of the claim of this case and the cause of the claim of this case, and 12% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
As to this, the defendant asserts to the effect that it cannot respond to the plaintiff's claim because the location and actual location of the registry of the above real estate are different. However, as long as the above real estate is leased and the lease contract is terminated, it is reasonable for the defendant to assume the obligation to refund the rental deposit as a party to the contract
Therefore, the plaintiff's claim of this case is accepted on the ground of the reasons.