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1. The Defendant’s KRW 35,00,000 as well as the Plaintiff’s annual rate of KRW 5% from February 22, 2017 to December 14, 2017.
Reasons
1. Facts of recognition;
A. The Defendant has recruited Lart members while operating a separate type of Lart in the 1585 of Gangseo-gu Seoul Special Metropolitan City ordering 1585.
B. On August 28, 2013, the Plaintiff entered into a lease agreement with the Defendant to return the full amount of deposit upon the expiration of the contract, with the deposit amount of KRW 39,00,000,00, and the contract amount of KRW 3 years from the date of payment of the deposit.
C. Accordingly, the Plaintiff paid 39,000,000 won to the Defendant around that time, and became a member of the aforementioned Rite.
After that, the Plaintiff requested the Defendant to return the above deposit upon the termination of the above lease agreement, and on February 8, 2017, the Defendant repaid KRW 4,000,000 to the Plaintiff out of KRW 39,000,000.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 2, purport of the whole pleadings]
2. Determination
A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the remaining deposit of KRW 35,000,000 (=39,000,000 - 4,000,000) to the plaintiff.
B. As to the Defendant’s assertion, the Defendant asserted that he paid KRW 1,092,00 to the Plaintiff on September 13, 2016, but in full view of the purport of the entire pleadings in the statement in subparagraph 2, it can be recognized that the Defendant paid KRW 1,092,00 to the Plaintiff as interest for KRW 39,00,000,000, the above amount cannot be deducted from the principal of the deposit. Accordingly, the Defendant’s assertion is rejected.
C. Accordingly, the Defendant’s lawsuit against the Plaintiff, as to the above KRW 35,00,00 and the following day after the service of the original copy of the instant payment order from February 22, 2017, which is the day following the service of the original copy of the instant payment order, shall be 5% per annum under the Civil Act from the date of the rendering of the instant judgment until December 14, 2017, and the following day to the date of complete payment.