beta
Text
1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from December 2, 2016 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On October 7, 2014, the Plaintiff leased the lease deposit of KRW 40,00,000 (hereinafter “instant real estate”) from Nonparty C with KRW 606,00,000, and from October 7, 2014 to October 6, 2016 (hereinafter “instant lease agreement”), and around that time, paid KRW 40,00,000 as the lease deposit under the instant lease agreement to Nonparty.
B. On January 28, 2015, the Defendant purchased the instant real estate from C, and on February 3, 2015, the Defendant succeeded to the lessor’s status under the instant lease agreement by completing the registration of ownership transfer due to sale as of January 28, 2015.
C. On September 5, 2016, which was around September 201, when the term of the instant lease expires, the Plaintiff notified the Defendant of the absence of intention to renew the instant lease and requested the return of the lease deposit. However, the Defendant did not refund the lease deposit to the Plaintiff after the term of the instant lease expires.
Accordingly, on October 17, 2016, the Plaintiff completed the order of lease registration under the 2016Kaman51 of the Gwangju District Court's Mancheon District Court's 2016 and delivered the instant building to the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the instant lease agreement was terminated upon the expiration of the period, and since the Plaintiff delivered the instant apartment to the Defendant, the Defendant, who succeeded to the status of the lessor under the instant lease, is obligated to pay to the Plaintiff the damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 2, 2016 to the date of full payment, as the Plaintiff seeks.
3. The Defendant’s judgment on the Defendant’s assertion is the preceding part of the instant real estate.