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1. The Defendant: (a) KRW 10,000,000 for the Plaintiff and KRW 5% per annum from March 21, 2014 to September 11, 2015.
Reasons
1. Facts of recognition;
A. On February 5, 2010, the Plaintiff, a broker, entered into a lease agreement with C and Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant lease agreement”) with a security deposit of KRW 60,000,000 and a contract term of KRW 2 years from March 10, 2010.
The defendant is a mutual aid business operator who has concluded a mutual aid agreement with the defendant joining the defendant that guarantees liability for damages caused by the broker's mistake.
B. At the time of the conclusion of the instant lease agreement, on January 18, 2008 and June 18, 2007, at the same time, the said building and the site were set up a mortgage of KRW 505,000,000 with the maximum debt amount of the Bank in the Bank of Korea, and on the said building, the said lease agreement was concluded as set forth in No. 1 or 6 of the details of security deposit and dividends by lessee.
C. On December 31, 2012, a voluntary auction procedure was initiated with respect to the above building and site (E site and building collectively auction) upon the application of the KAF Bank.
In the above auction procedure, the market price of the building and site was 97,040,400 won, and the actual sale price was 830,000,000 won.
Of the amount to be distributed in the above auction procedure 900,430,470 won (including the deposit for pre-auction auction), the Eunpyeong-gu Seoul Metropolitan Government, the attachment authority, received the dividends of KRW 941,180, and the savings bank, the applicant creditor, received the dividends of KRW 462,361,976, and the remaining dividends of KRW 437,127,314, as stated in the details of the deposit and dividends by lessee.
5. A deposit with a fixed date on January 17, 2008: L. 1F 1. 65,000,000 on January 17, 2008; 20 G 24, 2009; 45,000,000 on December 24, 2009; 3H 3. 60,000 on December 11, 2005 on December 11, 2009; 3. 6. 6. 0,00 on June 6, 200, 200,000 for 6. 6. 10,000,000 on April 24, 200, 200; 6.