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1. The Defendant: (a) KRW 190 million to the Plaintiff; and (b) 5% per annum from March 25, 2017 to October 23, 2017; and (c) October 24, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. On January 2016, the Plaintiff: (a) leased the instant real estate with the deposit deposit of KRW 190 million from January 11, 2016 to February 28, 2017 (However, the real estate lease contract was drafted as of January 16, 2016; hereinafter “instant lease contract”); and (b) paid the deposit money and received the said real estate from the Plaintiff.
B. On January 13, 2016 and February 22, 2017, the Plaintiff sent content-certified mail to the Defendant, respectively, as the Plaintiff did not intend to extend the term of the instant lease agreement, and thus, failed to surrender the instant real estate by February 28, 2017.
C. Nevertheless, the Plaintiff failed to refund the lease deposit from the Defendant, and eventually, on March 24, 2017, the Plaintiff completed the registration of the lease of the instant real estate based on the order of lease registration and removed the instant real estate from the real estate.
[Ground of recognition] Each entry of Gap evidence Nos. 1 through 3, 8, 9 and the purport of the whole pleadings
2. Determination
A. According to the facts of the judgment on the cause of the claim, the instant lease agreement was terminated at the expiration of the period, and the Plaintiff delivered the instant real estate to the Defendant, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum as prescribed by the Civil Act from March 25, 2017 to October 23, 2017, which is the day following the delivery date of a copy of the instant complaint, from March 25, 2017, the date of delivery of the Plaintiff’s real estate, to October 23, 2017, and from the next day to the day of full payment.
B. The Defendant’s assertion and judgment (1) Summary of the Defendant’s assertion (A) the lessor of the instant lease agreement is not the Defendant but E.
(B) The Plaintiff and E are new regarding the instant real estate.