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1. As to KRW 51,124,650 and KRW 50,000 among them, the Defendant shall pay to the Plaintiff the year from June 1, 2017 to June 8, 2017.
Reasons
1. Requests for loans;
A. On December 16, 2016, the Plaintiff loaned KRW 30,000,000 to the Defendant at interest rate of 5% per annum and on January 31, 2017. (2) On December 23, 2016, the Plaintiff determined and lent KRW 20,000,000 to the Defendant at interest rate of 5% per annum and on January 31, 2017.
3) On February 17, 2017, the Plaintiff extended the repayment period of KRW 50,000,000 to the Defendant on May 31, 2017, and C jointly and severally guaranteed the above loan obligations. [The each entry in the evidence Nos. 3, 4, 5, and 10, based on recognition, was written as evidence No. 3, 4, 5, and 10.
B. The judgment of the Defendant is based on the annual agreement rate of 6% prescribed by the Commercial Act from June 1, 2017 to June 8, 2017, as to KRW 51,124,650 (the leased principal KRW 50,00,000 from each of the loans to May 31, 2017) and KRW 50,00,000 among the loans, since the agreement rate of 51,124,650 (the interest rate of KRW 1,124,650 from each of the loans to May 31, 2017) is lower than the commercial statutory interest rate, the Defendant shall pay damages for delay with the commercial statutory interest rate in accordance with the main sentence of Article 397(1)
Every 15% of the annual interest rate prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings shall be paid from the next day to the day of full payment.
2. Demanding the refund of lease deposit;
A. 1) The Plaintiff, the primary cause of claim, entered into a lease agreement with the Defendant, the lessor, under the condition of suspending the opening of the “D department store,” and the Defendant is not obligated to return the lease deposit amount to KRW 50 million. 2) The lease agreement, the primary cause of claim, is both the nature of the partnership agreement, and the Plaintiff has the right of rescission based on the principle of right of rescission or the principle of change in circumstances in accordance with the principle of good faith, which is based on the lease agreement or the partnership agreement, on the ground that the Defendant did not perform his/her obligation to operate the department store, and on March 29, 2017, notified the Defendant of the cancellation of the partnership agreement, including the lease agreement, and the Defendant is obligated to return the lease deposit amount to KRW 50 million.
(b).