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1. The Defendant shall pay to the Plaintiff KRW 24,396,489 and a rate of KRW 20% per annum from August 30, 2014 to the date of complete payment.
Reasons
1.The following facts of recognition may be found either in dispute between the parties or in full view of the respective entries in Gap evidence 1 to 3 (including paper numbers) and the whole purport of the pleadings:
On August 21, 2013, the Plaintiff entered into a lease agreement with the Defendant to pay interest or delay damages at an interest rate of 20% per annum up to two occasions in the event of the delinquency in rent, with the deposit amounting to KRW 15,000,000 in the case of the instant leased object, and KRW 3,000 in the case of the rent, and KRW 5% per annum up to twice in the case of the delinquency in rent, and KRW 20% per annum thereafter.
B. However, the Defendant did not pay the monthly rent to the Plaintiff, and the Plaintiff terminated the said lease agreement on the grounds of the Defendant’s failure to pay the monthly rent, around December 2013.
C. From September 5, 2013 after the conclusion of the above lease agreement, the Defendant occupied and used the leased object of this case, and transferred all of them to the Plaintiff around June 5, 2014, and restored to its original state.
From September 5, 2013 to June 5, 2014, the rent or unjust enrichment on the leased object of this case is a sum of 23,100,000 won as stated in attached Table 1 of calculation sheet, and the overdue interest or delay interest on each rent is a sum of 1,296,489 won as stated in attached Table 2 of calculation sheet.
2. According to the above facts of recognition, since the Defendant occupied and used the leased object from September 5, 2013 to June 5, 2014, the Defendant is obligated to pay to the Plaintiff delay damages at the rate of 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 30, 2014 to the date of delivery of the application for change of the purport of the claim and the cause of the claim.
3. Therefore, the plaintiff's claim is accepted on the grounds of the reasoning.