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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is subject to Paragraph (1).
Reasons
1. The reasoning of the judgment of the court of first instance as to this case is as follows. The defendant's assertion that the court emphasizes or adds some of the judgment of the court of first instance as to this case is identical to the part of the reasoning of the judgment of the court of first instance, except for the addition of "2. Additional Judgment" as to the argument that the defendant emphasizes or adds to this court. Thus, it is acceptable in accordance with the main sentence of
The reason of the judgment of the court of first instance is as follows.
1) According to the above facts, the instant lease agreement was terminated on September 21, 2018, and the Plaintiff removed from the instant real estate on October 13, 2018 as seen earlier. Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 50 million won per annum as prescribed by the Civil Act from October 14, 2018, the following day after the Plaintiff left the instant real estate to the Defendant, and at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment, to November 9, 2018, when the duplicate of the instant complaint was delivered to the Defendant.
2) After that, the Plaintiff received reimbursement of KRW 250,00,00 from the Defendant on June 10, 2019 from the first instance court to the Defendant on the payment of KRW 250,00,00 from June 10, 20. If the Plaintiff appropriated the original of the lease deposit as well as the interest or delay damages thereon by the method of statutory appropriation, the Plaintiff’s repayment of the principal of the lease deposit and the interest or delay damages therefrom shall be based on the rate of KRW 22,80,218, the principal of the lease deposit and interest accrued from October 14, 2018 to June 10, 2019, and interest accrued from June 10, 2019 to KRW 272,80,000,000 (i.e., principal and interest accrued from October 14, 2018 to November 9, 2018; and (ii) the Defendant paid KRW 924,005,108.1.6.