약정금
1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following part ordering payment.
1. Basic facts
A. On May 9, 2007, the Plaintiff entered into a lease agreement with the Defendant’s agent, the husband, with the contents that the Friju-si, Namyang-si, and the Friju-si, the Plaintiff leased the Friju-si (hereinafter “instant gas station”) on the land other than E (hereinafter “instant”) on a deposit for lease with the lease deposit of KRW 200 million, monthly rent of KRW 10 million, June 15, 2007, and the lease term of KRW 3 years from June 15, 2007 (hereinafter “instant lease agreement”), and around that time, paid the Defendant the lease deposit of KRW 200 million.
B. On or around June 15, 2007, the Plaintiff completed business registration for the gas station business of this case, and subsequently borrowed KRW 330 million from the Han Bank around July 10, 2007.
C. After that, the Plaintiff agreed to terminate the instant lease agreement with the Defendant on April 2009, and D, the Defendant’s representative, agreed to accept KRW 200 million from the Plaintiff’s obligation to the Han Bank to return the lease deposit, and to repay it to the Han Bank until June 30, 2009.
On April 23, 2009, the Plaintiff suspended gas station business and delivered the instant gas station to the Defendant.
Around March 8, 2010, the period as agreed by the above confirmation letter was 200 million won out of the Plaintiff’s debts to Han Bank, instead of paying KRW 200 million. The Plaintiff subrogated to Han Bank from July 1, 2009 to March 8, 2010, the sum of 23,479,79 won as to the interest of KRW 200 million out of the above loans until July 1, 2009 to July 8, 2009: 20 million x 5.41 x 8 days x 365 days x 237,150 won x 29.75 x 365 x 20 million x 360 million x 29.75 x 9.75 x 200 million x 360 million x 19.75 x 209 x 1.65 x 2005 x 29.7 / 19.6
E. The Plaintiff is the Suwon District Court against the Defendant and D.