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1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 15% per annum from April 26, 2018 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On January 25, 2016, the Plaintiff leased the Yeongdeungpo-gu Seoul Metropolitan Government Building C Building 403 from the Defendant to January 24, 2016 by setting the lease deposit of KRW 70 million and the lease term from January 25, 2016 to January 24, 2018, and paid a deposit of KRW 70 million to the Defendant.
B. However, on October 31, 2016, the auction procedure regarding the above No. 403 was initiated, and the Plaintiff notified the Defendant of the refusal to renew the above lease agreement.
C. Meanwhile, at the above auction procedure, D purchased the above No. 403, and the Plaintiff delivered the above No. 403 to D on April 25, 2018 when the deposit was not recovered due to the existence of a senior mortgagee.
[Ground of recognition] Facts without dispute, Gap 1-3 evidence, purport of whole pleadings
2. According to the facts of the above recognition, since the above lease contract has expired, the defendant is obligated to pay to the plaintiff the above deposit of KRW 70 million and damages for delay calculated at the rate of 15% per annum from April 26, 2018 to the day of complete payment, which is the day following the delivery date of the plaintiff No. 403. 403.
3. Conclusion, the plaintiff's claim is justified and acceptable.