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1. The defendant shall pay 81,400,000 won to the plaintiff and 15% per annum from August 3, 2017 to the day of complete payment.
Reasons
1. The Plaintiff filed a claim for the return of deposit: (a) on September 3, 2009, the Plaintiff: (b) leased the instant real estate with the lease deposit of KRW 40 million; (c) from October 31, 2009 to April 30, 2012; and (d) paid the full amount of the lease deposit until October 26, 2009; (c) the Defendant, the spouse of C, donated the instant real estate from C on November 26, 2010 to succeeded to the lessor’s status; (d) the instant lease was renewed; (e) the Plaintiff did not transfer the instant real estate from Defendant E-1 to April 30, 2017; or (e) the Plaintiff did not have any dispute between the parties to the instant real estate acquired or transferred the instant real estate from Defendant E-1 to each of the parties to the instant real estate; or (e) on July 28, 2017.
According to the above facts, the defendant is obligated to pay to the plaintiff the lease deposit amount of KRW 40 million and delay damages.
2. Determination on the claim for premium
A. Comprehensively taking account of the overall purport of Gap evidence Nos. 2-4 and the arguments, the following facts: (a) on October 24, 2009, C entered into an agreement to refund KRW 22,00,000,000,000,000,000,000 for the restaurant business, facilities, and fixtures in the instant real estate to the plaintiff; and (b) on October 26, 2009, the costs of extending the instant real estate shall be borne by the plaintiff; and (c) on the expiration of the contract term, where the lessee is unable to continue the contract due to the lessor's assertion (if the contract cannot be renewed under the terms of the contract contrary to the custom in light of the common sense) the basic premium of KRW 22,00,00,000,00 for the extended premium of KRW 41,40,000,00 for the extended premium of KRW 3,000,00,000 for the instant real estate (hereinafter referred to as the agreement); and (d) the receipt issued by the plaintiff.