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1. The Defendant shall pay to the Plaintiff KRW 110,00,000 and the interest rate of KRW 15% per annum from April 10, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. On November 22, 2010, between C and C, the Plaintiff concluded a lease agreement with the purport that C-owned D 101 Dong-dong Nos. 101 (Ga1) (hereinafter “instant commercial building”) is to lease with a deposit of KRW 100,000,000, monthly rent of KRW 1,200,000, monthly rent of KRW 1,200,000, and the lease period from November 22, 2010 to October 21, 2015.
B. On June 21, 2012, the Defendant entered into an exchange contract with E, a proxy of C, to exchange land and buildings located in Busandong-gu, Busan (hereinafter “F real estate”), which is owned by the Defendant, with each other. On August 13, 2013, the Defendant agreed to pay KRW 150,000,000,000, instead of transferring the ownership of F real estate to C as the price for the exchange of the instant commercial building.
C. On March 22, 2013, while the Plaintiff was a representative agent of C, the Plaintiff purchased the instant commercial building from KRW 385,000,000,000, which is the Plaintiff’s agent, and the Plaintiff entered into a sales contract with the Defendant to settle obligations, such as bank obligations and seizure, with respect to the instant commercial building (hereinafter “the sales contract in this case”) at KRW 415,000,000, which includes the Plaintiff’s unpaid rent of KRW 30,000,000, which deducts KRW 100,000 from the rental deposit amount of KRW 315,000,000 (=415,000,000 - 10,0000), and the Defendant transferred the Plaintiff’s ownership of the instant commercial building to the Plaintiff.
Accordingly, the Plaintiff paid to the Defendant KRW 10,000,000 on the day of the instant sales contract, and KRW 30,000,000 on March 28, 2013, and KRW 30,000,000 on April 5, 2013 ( paid KRW 30,000,000 on April 5, 2013 by a certified judicial scrivener G, who is the Defendant’s agent), and completed the registration of ownership transfer on September 24, 2013 as to the instant commercial building on September 24, 2013.
E. Meanwhile, at the time of the Plaintiff’s acquisition of ownership of the instant commercial building, the maximum debt amount of KRW 1,950,000,000, and the Defendant and the mortgagee of the said commercial building.