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1. The Defendant’s KRW 37,00,000 and the Plaintiff’s annual rate of KRW 5% from June 10, 2017 to August 24, 2017.
Reasons
1. Facts of recognition;
A. On April 22, 2017, the Plaintiff entered into a lease agreement with the Defendant on a deposit basis for KRW 170 million with respect to the leased housing of KRW 88,00,000,000 from the first floor of cement bricks C on the ground of Yongsan-gu Seoul Metropolitan Government (hereinafter “instant housing”), from May 19, 2017 to May 18, 2019 (hereinafter “instant lease agreement”). Under the instant lease agreement, the Plaintiff paid KRW 15,00,000 on the day of the contract, and KRW 60,000,000,000,000 on April 28, 2017, including KRW 60,000,000,000 to the Defendant.
B. After that, the Plaintiff and the Defendant agreed to cancel the instant lease agreement on May 20, 2017, and agreed to return the said KRW 60 million, which the Defendant received from the Plaintiff, to the Plaintiff by June 9, 2017 (hereinafter “instant agreement”); and the Defendant paid only KRW 23 million to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
2. Determination:
A. According to the above facts, the Defendant is obligated to pay the Plaintiff the amount of KRW 37 million (i.e., KRW 60 million - KRW 23 million) and the damages for delay calculated at each rate of 5% per annum as prescribed by the Civil Act from June 10, 2017 to August 24, 2017, which is obviously a delivery date of a copy of the complaint, from June 10, 2017, and from the next day to the date of full payment.
B. Accordingly, the Defendant asserts that the amount received from the Plaintiff is not KRW 60 million, but KRW 57.95 million (the Plaintiff’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her she she