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1. As to KRW 80,285,120 among them and KRW 80,00,000 among them, the Defendant shall start from October 31, 2017 to February 19, 2018.
Reasons
1. Basic facts
A. On September 14, 2015, the Plaintiff entered into a lease agreement with the Defendant with respect to the lease deposit amounting to KRW 80,000,000, and the term of lease from October 30, 2015 to October 30, 2017 with respect to the Gu-U.S. B apartment 105, 1305, and 1305 (hereinafter “instant apartment”). The Plaintiff paid the above lease deposit to the Defendant.
B. On October 30, 2017, the Plaintiff, whose term of lease expires, delivered the instant apartment to the Defendant, and the Defendant did not return the lease deposit and the long-term repair appropriations paid by the Plaintiff on behalf of the Defendant to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
B. According to the above facts, since the lease contract of this case has been lawfully terminated due to the expiration of the expiry, the defendant is obligated to dispute to the plaintiff about the existence and scope of the obligation of the defendant with respect to 80,285,120 won, which is the sum of lease deposit and long-term repair appropriations, and 80,000,000 won which is the lease deposit, from October 31, 2017 to February 19, 2018, which is the delivery date of the original copy of the payment order of this case, 5% per annum under the Civil Act from the delivery date of the apartment of this case to the delivery date of the original copy of the payment order of this case, 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the full payment date of 285,120 won, and to pay damages for delay from the next day of February 20, 2018 to the day of full payment due to 15% per annum of the Civil Act.
The Plaintiff sought payment of late payment damages from October 31, 2017 on the long-term repair appropriations, but the claim equivalent to the amount of long-term repair appropriations is due.