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1. From August 25, 2018 to November 7, 2018, the Defendant (Counterclaim Plaintiff) provided that the Plaintiff (Counterclaim Defendant) shall pay KRW 3 million to the Plaintiff and the Plaintiff’s counterclaim.
Reasons
1. Facts of recognition;
A. On April 13, 2017, the Plaintiff leased deposit money of KRW 35 million, and KRW 150,000,000 per month, to the instant store located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant store”) in which the Defendant operated the Defendant, and operated the instant store.
B. The Plaintiff, while operating the instant store, set up an object at KRW 3 million. On March 2018, the Defendant sold the instant betting box to another person and sold the said box owned by the Plaintiff.
C. On April 2018, the Plaintiff knew of the Defendant’s instant friendship and sales, and expressed to the Defendant that he would discontinue the instant store operation. Since July 2018, the Plaintiff initially opened the instant friendship and the purchaser, the Plaintiff asserted that he purchased the said things that the Plaintiff established.
After the filing of the instant lawsuit, the Plaintiff returned the deposit of KRW 35 million on August 13, 2018, and on the other hand, the Plaintiff was a person with the unpaid electricity fee of KRW 150,000.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2 and Eul evidence 2, the purport of the whole pleadings
2. The Plaintiff, as to the claim on the merits, seeks payment of the deposit amounting to KRW 35 million and KRW 38 million in total to the Defendant.
In this case, the defendant's sales of the goods owned by the plaintiff from 3 million won to the goods box owned by the plaintiff, and the fact that the plaintiff received the deposit of 35 million won after the plaintiff's filing of the lawsuit is identical as above. Thus, the defendant calculated the rate of 5% per annum under the Civil Act from August 25, 2018 to November 7, 2018, which is the day following the delivery of a copy of the complaint of this case, to the plaintiff, as to the existence and scope of the defendant's performance obligation of this case, from August 25, 2018, which is the day following the delivery of a copy of the complaint of this case, and 15% per annum from the following day to the day of complete payment.