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1. The Defendant’s KRW 12,718,117 as well as the Plaintiff’s annual rate from August 9, 2017 to January 19, 2018, and the next day.
Reasons
1. Basic facts
A. On October 14, 2013, the Plaintiff entered into a lease agreement with D to set the contract term of KRW 602 of the six stories among Class II neighborhood living facilities located in Geumcheon-gu Seoul Metropolitan Government (hereinafter “602”) owned by D to lease KRW 48 million from October 18, 2013 to October 17, 2015, the Plaintiff paid the deposit, and received the fixed date of the lease agreement on October 29, 2013 while residing in the move-in report on October 25, 2013.
B. The Defendant concluded with C an insurance coverage amounting to KRW 100 million from November 25, 2012 to November 24, 2013, the insurance coverage period of the authorization and permission guarantee contract between C and C, stating that C shall compensate for property damage caused to the parties to a transaction by intention or negligence during the course of real estate brokerage, and C mediated a lease agreement between C and D within the said guarantee period.
C. C At the time of the conclusion of the lease agreement No. 602, the Plaintiff is entitled to “new bank” as to the instant building and its site on the basis of the entire certificate of registration to the Plaintiff.
(D) The Plaintiff explained that the right to collateral security was established in the name of the maximum debt amount of KRW 910 million, and indicated and delivered a statement on the confirmation and explanatory note of the object of collateral security to the Plaintiff. However, even before the Plaintiff’s moving-in report, 33 lessees were residing in the instant building, such as the details of the prior lease, and the deposit for senior lessees was a total of KRW 1,488,00,000. D. On May 19, 2015, a voluntary auction procedure was initiated regarding the instant building and its site on the instant building and its site on the date of distribution (Seoul Southern District Court F, the court deducted the execution cost from the sum of the sales proceeds and interest on the instant building and its site on October 20, 2016, which is the date of distribution.