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1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from October 9, 2015 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On June 2014, the Plaintiff entered into a contract with E, an operator of Busan Shipping Daegu CD (hereinafter “the instant spion”) under which the Plaintiff would lease the gas supply room, the Southern Posption room, and the oral labr of the instant spon in KRW 100 million (hereinafter “instant lease contract”), and paid KRW 30 million out of the above lease deposit KRW 100 million to E, as requested by E, the Plaintiff paid KRW 28 million to E, who is the construction business operator of the instant spion.
B. After that, on December 1, 2014, the Defendant received the instant sphere business from E, and the Plaintiff entered into a contract with the Defendant to lease only the sphere and the sphere to the following conditions (hereinafter “instant lease agreement”).
The lease term: From December 17, 2014 to December 31, 2016, the lease deposit: A total of KRW 40 million (i.e., the remainder of KRW 30 million plus KRW 10 million; and (ii) the Plaintiff already paid to F in accordance with the first lease contract of this case as the contract of this case, to recognize the down payment of KRW 30 million as the down payment among the deposit under the second lease contract of this case, and to recognize the down payment of KRW 30 million as the down payment, from among the deposit under the second lease contract of this case, on December 1, 2014, the date on which the contract of this case was concluded, the Defendant was written to the effect that the Defendant was receiving the down payment of KRW 30 million,000,000 as of the remainder of KRW 10,000 as the Defendant’s account, and on December 17, 2014, the Plaintiff agreed to transfer it within the banking business hours).
C. However, on December 17, 2014, the Plaintiff transferred the remainder amount of KRW 10 million to the Defendant’s account at a low time after the lapse of banking business hours. D.
Accordingly, the Defendant violated the agreement that the Plaintiff would pay the remainder of KRW 10 million within the bank business hours to the Plaintiff after several hours of transfer of the said KRW 10 million.