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1. The Defendant shall pay to the Plaintiff KRW 34,00,000 and the interest rate of KRW 15% per annum from September 6, 2017 to the date of complete payment.
Reasons
1. Determination as to the cause of claim
A. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and Eul evidence Nos. 2, the court below concluded a lease agreement with the plaintiff on April 2, 2015 with respect to the lease deposit amount of 34 million won with respect to the lease deposit of Cheongju-si C Apartment-dong 404 (hereinafter "Lease building of this case") around April 2, 2015, and from April 3, 2015 to April 3, 2017.
B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount of KRW 34 million for the unpaid lease deposit and the damages for delay calculated by adding 15% per annum from September 6, 2017 to the day of complete payment, which is the day following the delivery of a copy of the instant complaint, to the day of full payment.
2. On the judgment of the Defendant’s assertion, the Defendant purchased the apartment of 74 households, other than the leased building, from A&S (hereinafter “A&S”), and paid the full amount of the purchase price, and completed the registration of ownership transfer. The Defendant’s real estate including the leased building, on the ground that L&S, the former owner of the leased building of this case, was not paid the purchase price from A&S.