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1. Defendant C shall pay to the Plaintiff KRW 15,323,559 and the interest rate of KRW 15% per annum from March 4, 2017 to the date of full payment.
Reasons
1. Basic facts
A. On October 30, 2008, the Plaintiff leased D Apartment 609, 202 (hereinafter “instant apartment”) from the Korea Land and Housing Corporation, a public rental apartment, by setting the rental deposit of KRW 69,00,000, monthly rent of KRW 395,00, monthly rent of KRW 390,000, and the lease period of KRW 395,000, September 30, 2013 (hereinafter “instant lease agreement”).
B. On November 2, 2011, the Plaintiff and the Korea Land and Housing Corporation changed the rental deposit of the instant lease to KRW 90,000,000, monthly rent to KRW 255,000, respectively. On October 24, 2013, the Plaintiff and the Korea Land and Housing Corporation changed the rental deposit to KRW 93,312,00, monthly rent to KRW 273,960, monthly rent to KRW 273,960, and the rental period to September 30, 2015 respectively.
C. On December 13, 2012, the Plaintiff, as a broker by Defendant B, sold the right to lease of the instant apartment to Defendant C at KRW 100 million (hereinafter “instant lease transfer agreement”), and the intermediate payment, upon receiving a loan from the Plaintiff as security, agreed to repay the principal and interest of the instant apartment loan by succeeding the loan obligation by Defendant C.
On December 13, 2012, the Plaintiff received loan of KRW 76,50,000 from a borrowed mutual savings bank as security and appropriated the remainder of KRW 75,550,000,000 for the down payment and the intermediate payment of KRW 7,50,000,000,000,000,000,000,000,000,000,000,000,000,000.
E. On October 18, 2013, the Plaintiff notified Defendant C of the rescission of the instant lease transfer agreement.
F. The instant lease agreement between the Plaintiff and the Korea Land and Housing Corporation was terminated on or around August 2014 on the ground of the Plaintiff’s right of lease illegal transfer.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, and 7, the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. The Plaintiff’s assertion that Defendant B mediated the instant lease transfer contract without registering the brokerage office with the competent authority without qualification as a licensed real estate agent.