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1. The Defendant’s KRW 59,738,100 as well as the Plaintiff’s annual rate of KRW 6% from September 19, 2018 to September 8, 2020.
Reasons
1. Basic facts
A. On July 7, 2017, the Plaintiff concluded a sales contract with the Defendant for the sales of the commercial building D (hereinafter “instant store”) at KRW 651,00,000 with respect to the total sales price of KRW 651,00,000 (hereinafter “instant sales contract”).
B. From June 22, 2017 to July 31, 2017, the Plaintiff paid a sum of KRW 205,000,000 to the Defendant as the down payment and intermediate payment, and paid a balance of KRW 46,00,000 on September 19, 2017, and completed the registration of ownership transfer for the instant store.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion and judgment
A. At the time of entering into the instant sales contract, the Defendant: (a) determined that the instant store was KRW 40,000,000, monthly rent of KRW 2,500,000 to rent and rent convenience stores; (b) decided to deduct KRW 40,00,000 from the sales price instead of paying the said lease deposit; and (c) agreed to pay KRW 31,000,000 on behalf of the Defendant for the instant store.
Then, the defendant paid the balance on the ground that if the plaintiff paid the balance without deducting each of the above money, the plaintiff would perform the agreed matters.
The Plaintiff and the Defendant decided to lease the instant store at the same time as the Plaintiff completed the registration of ownership transfer, and since the term of lease is not separately prescribed, the term of lease under Article 9 of the Commercial Building Lease Protection Act is one year from September 19, 2017 to September 18, 2018 when the Plaintiff completed the registration of ownership transfer.
Therefore, the Defendant’s payment of KRW 30,000 for the 12-month rent (i.e., KRW 2,500,000 x 12-month rent which the Defendant paid to the Plaintiff under a lease agreement entered into verbally as above (i.e., the 27,600,000) minus the Defendant’s payment of KRW 2,40,000 on August 21, 2017 (i.e., unpaid rent of KRW 27,60,000 and ② the payment of KRW 40,000 for lease deposit under the Commercial Act during one year.