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1. The defendant shall pay 320,000,000 won to the plaintiff and 20% per annum from June 1, 2013 to the day of complete payment.
Reasons
1. Basic facts
A. (1) On June 1, 2008, the Defendant leased (hereinafter “instant lease agreement”) real estate listed in the separate sheet to C as KRW 320,000,000 (hereinafter “instant lease deposit”), monthly rent of KRW 15,00,000 (excluding KRW 18,00,000 as from June 1, 2013, value-added tax), and lease period of KRW 8 years (hereinafter “instant lease agreement”).
(2) On September 3, 2008, the Defendant entered into a contract to lease on a deposit basis (hereinafter “instant lease on a deposit basis”) for lease on a deposit basis with the Busan Shipping Daegu D, Busan, for the purpose of securing the deposit for lease on a deposit basis, between KRW 320,000,000 (hereinafter “the instant lease on a deposit basis”) and the term of May 31, 2013, among the real estate listed in the attached list, and completed the registration of lease on a deposit basis (hereinafter “the instant lease on a deposit basis”) with the Busan District Court Branch No. 79406, Sept. 4, 2008.
B. (1) On July 9, 2009, the Plaintiff loaned KRW 320,000,000 (hereinafter “instant loan”) to C as of 2.5% per annum (30%) and the due date of repayment on January 9, 2010.
(2) On July 6, 2009, the Plaintiff entered into a mortgage agreement with C on the instant chonsegwon to secure the instant loan. On July 7, 2009, the Plaintiff completed the registration of the establishment of a mortgage on the right to lease on a deposit basis, which consists of KRW 320,000,000 for the Plaintiff of the right to lease on a deposit basis, the maximum amount of the debt, the amount of which was received on July 7, 2009 from the Busan District Court Branch of the Busan District Court.
C. On March 23, 2010, C paid 20 million won among the instant loans to the Plaintiff and interest thereon from January 9, 2010 to April 9, 2010.
(2) The Plaintiff filed a lawsuit against C seeking the remainder of KRW 300,000,000 among the instant loans and damages for delay after April 10, 2010 (Seoul District Court Decision 2010Gahap3505) against C, and “C from the said court on September 17, 2010.”