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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 1,214,836 as well as the full payment from July 11, 2018.
Reasons
Basic Facts
On July 27, 2013, the Plaintiff and the Defendant concluded a lease agreement with the Plaintiff on the lease deposit amounting to KRW 165 million and the lease period of KRW 4 million.
Accordingly, the plaintiff paid the above deposit to the defendant, and the defendant delivered the apartment of this case to the plaintiff.
On May 21, 2017, the Plaintiff and the Defendant made a verbal agreement to extend the term of lease while making telephone conversations.
However, immediately after that, on May 26, 2017, the Defendant notified the Defendant that the lease will be terminated on the expiration date of the term of validity with the date the apartment was set up as an object to sell the apartment of this case.
Accordingly, the plaintiff and the defendant agreed to terminate the lease.
On July 17, 2017, the Plaintiff filed a payment order claiming the return of KRW 165,00,000,000 for the lease deposit. The Defendant raised an objection against the payment order based thereon, and the above payment order application case was implemented as the instant lawsuit.
The Plaintiff received the order of lease registration as of August 4, 2017, and around that time, delivered the instant apartment to the Defendant on August 18, 2017, the lease registration was completed.
On August 25, 2017, the Defendant deposited KRW 165,115,90 with the Plaintiff as the principal deposit, plus KRW 165,00,00 for the lease deposit and KRW 115,90 for the demand procedure expenses at the time of the payment order.
The plaintiff voluntarily withdrawn the claim for the return of the lease deposit and instead changed the claim to seek the payment of damages for delay from the date of deposit for the lease deposit until the date of deposit for the lease deposit. The defendant filed a counterclaim against the plaintiff seeking restitution costs, etc.
[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap 12-5, Eul evidence 1, Eul evidence 2, records obvious facts, and damages for delay of the judgment deposit against the main claim of the entire pleadings.