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1. The Defendant: (a) KRW 32,00,000 and the Plaintiff’s annual rate from June 23, 2015 to September 23, 2015; and (b) September 24, 2015.
Reasons
1. Facts of recognition;
A. On March 14, 2015, the Defendant purchased the purchase price of KRW 439,00,000 between the Plaintiff and the Plaintiff as a broker of a licensed real estate agent C, and KRW 608 (hereinafter “instant apartment”). Of the said purchase price, KRW 60,000,000 for intermediate payment, KRW 45,000 for intermediate payment, KRW 334,000,000 for the remainder payment on April 30, 2015 and KRW 334,00,000 for the remainder payment on June 30, 2015, concluded a sales contract as follows (hereinafter “instant sales contract”).
1) As of the date of the contract, one attachment on the registry and 276 million won (the highest amount of claims is set, but attachment is cancelled as a down payment, and the right to collateral security is cancelled in full at the time of the balance.
b.2) The seller agrees to enter into a contract for the lease of the object prior to the remainder of the purchase price in order for the buyer to pay the purchase price to the bank account of the seller. 3) The lease deposit shall belong to the seller. The lease deposit shall belong to the seller. The remainder of 4 days may be adjusted through mutual consultation, and other matters shall be in accordance with general practices of selling and selling real estate.
On March 13, 2015, the Defendant deposited KRW 20,000,000 as down payment, and KRW 40,000,000 on March 14, 2015, respectively, to the Plaintiff. Accordingly, on March 20, 2015, the Plaintiff released the attachment of Mapo-gu Seoul Metropolitan Government, which was established on the instant apartment on March 20, 2015.
C. On April 23, 2015, the Defendant: (a) leased the instant apartment to F in KRW 320,000,000; and (b) paid F the purchase price under the instant sales contract by having F pay the said lease deposit to the Plaintiff; (c) the F deposit deposited KRW 32,00,000 in the Plaintiff’s account in total, including the lease deposit, KRW 50,000 on April 22, 2015, and KRW 31,500,000 on April 23, 2015, and paid the remainder of the lease deposit in KRW 28,000,00 in a check on June 222, 2015.
The defendant is a part of the intermediate payment to the plaintiff on April 30, 2015, and on April 13, 2000.