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1. The Defendant’s KRW 36,00,000 as well as the Plaintiff’s annual rate of KRW 5% from October 4, 2016 to April 20, 2017.
Reasons
1. Facts of recognition;
A. On April 6, 2009, the Plaintiff entered into a lease agreement and completed registration of the establishment of a right to lease on a deposit basis. On April 6, 2009, between the Defendant and Songpa-gu Seoul, C, D, and E ground F buildings owned by the Plaintiff (hereinafter “instant building”).
(1) As to the lease deposit, a lease agreement with KRW 100,00,000, monthly rent of KRW 4,500,000, and the lease term from April 30, 2009 to April 29, 2013 (hereinafter “instant lease agreement”).
(2) On February 8, 201, the Plaintiff concluded a contract to lease on a deposit basis with the Defendant to secure the return of the deposit for lease on a deposit basis between February 8, 201, which was the term of the said lease agreement and the Defendant, on a deposit basis, up to 100,00,000 won for the instant building, and up to April 28, 2013 at the duration of the lease. The Plaintiff agreed that “the Defendant shall not transfer the said deposit for lease on a deposit basis or provide it as security to others, and shall not lease on a deposit basis or lease it.”
(C) On February 9, 201, the Plaintiff registered the establishment of the right to lease on a deposit basis (hereinafter referred to as the “right to lease on a deposit basis”) with respect to the building in this case on February 9, 201, and the Plaintiff registered the establishment of the right to lease on a deposit basis (hereinafter referred to as the “right to lease on a deposit basis”).
(4) Meanwhile, as of April 29, 2013, the Defendant delayed the payment of the rent stipulated in the instant lease agreement to the Plaintiff during the term of lease, and the amount of the overdue rent was paid up to the amount of the deposit for the lease on the basis of April 29, 2013.
B. On April 18, 2012, the Defendant transferred the instant chonsegwon to G on April 18, 2012, and completed an additional registration for the right to lease on a deposit basis. 2) G transferred the said chonsegwon to H on April 18, 2013, and completed an additional registration for the right to lease on a deposit basis.
(c).