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1. The Defendant shall pay to the Plaintiff KRW 57,00,000 and the interest rate of KRW 20% per annum from July 22, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On January 17, 2012, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with respect to Nonparty C, D, and lease deposit KRW 57,00,000, and the term of lease from January 28, 2012 to January 27, 2014, with respect to Nonparty C and D’s joint ownership of Nonparty C and D (hereinafter “instant real estate”).
B. On November 17, 2012, the Defendant purchased all shares in the instant real estate between C and D, and completed the registration of ownership transfer on January 25, 2013.
C. On June 3, 2014, the Plaintiff notified the Defendant that he did not wish to renew the contract one month prior to the expiration of the lease term of the instant lease, and the Plaintiff failed to refund KRW 57,000,000 from the Defendant, even though the said lease term expired, and on June 3, 2014, received the order of lease registration from the Seoul Central District Court, and transferred the instant real estate to the Defendant after registering the housing lease on June 11, 2014.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff a lease deposit of KRW 57,000,000 and damages for delay at the rate of 20% per annum from July 22, 2014 to the day following the delivery date of a copy of the complaint of this case, as the Plaintiff seeks.
3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.