beta
Text
1. The Defendant: (a) KRW 10,00,000 for the Plaintiff and 5% per annum from November 30, 2015 to November 29, 2016; and (b) the Plaintiff.
Reasons
1. Basic facts
A. On November 28, 2015, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amount of KRW 210 million, down payment of KRW 20 million, KRW 20 million, and KRW 20 million from January 15, 2016 to KRW 24 months (hereinafter “instant lease agreement”), and paid the Defendant KRW 100,000,000 out of the down payment on November 28, 2015, and KRW 19,000,000,000 to the remainder of the down payment on November 30, 2015.
B. At the time of the instant lease agreement, the establishment registration of a neighboring mortgage (hereinafter “the establishment registration of a neighboring mortgage”) was completed on the instant apartment with the maximum debt amount of KRW 66 million. However, the Plaintiff and the Defendant agreed on January 15, 2016 to cancel the establishment registration of a neighboring mortgage prior to the remainder payment date, setting the payment period of KRW 190 million out of the remainder of the lease deposit as of January 15, 2016.
C. However, on January 15, 2016, the Defendant did not cancel the registration of the establishment of the instant neighboring property until January 15, 2016, and on January 18, 2016, the Plaintiff sent to the Defendant a content-certified mail stating that “the instant lease is to be cancelled due to the Defendant’s cause attributable to the failure to cancel the registration of the establishment of the instant building,” and filed the instant lawsuit seeking payment of “20 million won of the contract deposit and penalty and KRW 20 million of the penalty” on January 18, 2016 of the same day.
(B) The purport of the claim was amended to seek payment of the amount stated in the claim after the amendment.
C. On January 19, 2016, the content-certified mail sent to the Defendant. On January 19, 2016, the Defendant paid the full amount of the secured debt for the establishment registration of the instant mortgage on the date of receipt of the said mail, and on January 26, 2016, the registration of the establishment of the instant mortgage was cancelled.
E. On January 21, 2016, the Defendant paid full the secured debt of the establishment registration of the establishment of the instant root on January 19, 2016, immediately after receiving the Plaintiff’s content-certified mail.