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1. The Defendant shall pay to the Plaintiff KRW 34,00,000 and the interest rate of KRW 15% per annum from May 12, 2016 to the date of complete payment.
Reasons
1. Determination as to the cause of claim (A) The Plaintiff’s summary of the Plaintiff’s assertion (the cause of selective claim) is a part of the first floor building among the second floor buildings located in Gwangju-gu, Seo-gu, Gwangju-gu (hereinafter “instant building”), which were owned by the Plaintiff as of October 2013, inasmuch as the Defendant did not have the intent or ability to lease or sublease the automobile maintenance business site.
As between November 5, 2013 and March 26, 2014, in reliance upon the Plaintiff’s belief that he/she would lease and make a contract, he/she acquired KRW 34 million as a deposit for lease between November 5, 2013 and March 26, 2014, or embezzled by using the above deposit received by the Plaintiff at his/her own discretion, he/she seeks to pay the above money selectively based on fraud or embezzlement.
B. In light of the facts without dispute, Gap's evidence Nos. 1-1 through 5-7, Eul's evidence Nos. 1-1 through 2, and the result of the financial transaction information reply to the Seogju Agricultural Co., Ltd.'s meeting of the court, the witness Eul's testimony and the whole purport of pleading, the defendant would be entitled to lease the building of this case to the plaintiff, and the defendant would be paid KRW 34 million from the plaintiff during the period from November 5, 2013 to March 26, 2014. Since the defendant used the above lease deposit without paying it to C or the existing revenue owner of the building of this case, the defendant is obligated to pay damages for delay calculated at the rate of 15% per annum from May 12, 2016 to the day following the delivery date of a copy of complaint requested by the plaintiff.
In this regard, the defendant asserts that he first pays the money to the existing revenueer of the building of this case as the lease deposit and received the advance payment from the plaintiff, but there is no evidence to acknowledge this.
2. Conclusion, the Plaintiff’s instant case.