Text
1. The Defendant’s KRW 75,00,000 as well as the Plaintiff’s annual rate of KRW 5% from September 29, 2018 to November 13, 2018.
Reasons
According to the purport of each of the statements and arguments set forth in Gap evidence Nos. 1, 2, 4, and 5 (including each number), the plaintiff leased from the defendant on September 20, 2016 part of the first floor (the first room 2 partitions and kitchen) among the housing of Gangnam-gu Seoul, Seoul, with the lease deposit amount of KRW 75 million from September 30, 2016 to September 29, 2018. The plaintiff paid the lease deposit and resided in the leased object. The plaintiff and the defendant agreed on the lease contract as of June 2018, and confirmed that the plaintiff moved in and moved in the key of the leased object to the defendant.
According to the above facts, following the termination of the lease contract relationship around June 2018 and the Plaintiff completed the delivery of the leased object, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from September 29, 2018 to November 13, 2018, when the duplicate of the application for the payment order of this case was served on the Defendant from September 29, 2018 to November 13, 2018, and 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
In light of the following facts: (a) the Defendant asserted for simultaneous performance that the aforementioned lease deposit cannot be returned from the Plaintiff until the said leased object is delivered; (b) according to the images of the evidence No. 6-1 to No. 4, the Plaintiff could be recognized as having left the leased object while leaving the leased area. However, on September 28, 2018, the Defendant drafted a written oath that “the Plaintiff shall pay KRW 75 million to the Plaintiff, without any reason and relation, until October 31, 2018 (Evidence No. 3)” that “the Plaintiff shall pay the entire amount of the lease deposit to the Plaintiff by October 31, 2018 (Evidence No. 3).”