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1. The Defendant shall pay to the Plaintiff KRW 84,80,500 and the interest rate of KRW 15% per annum from January 14, 2016 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On November 27, 2013, the Plaintiff entered into a sales contract with the Defendant with the content that the Plaintiff purchased the sale price of the Eunpyeong-gu Seoul Building B (hereinafter “instant building”) from the Defendant as KRW 102,267,00 with respect to KRW 102,267,00 (hereinafter “instant store”) with respect to the sale price of the building 10 stories F14,000,000 (hereinafter “instant store”) (hereinafter “instant sales contract”), and paid the Defendant the full amount of the sale price, and completed the registration of ownership transfer with respect to the instant store on January 28, 2014.
B. Upon entering into the instant sales contract, the Plaintiff entered into a lease agreement with the Defendant on the condition that the Plaintiff rents the instant store without a deposit to the Defendant at KRW 793,932 (excluding value-added tax) monthly rent and five years from the completion date of the registration of transfer of ownership for the period of five years.
(hereinafter referred to as the “instant lease contract”) C.
Meanwhile, around November 18, 2013, the Defendant and the Co., Ltd. leased C the same deposit with respect to the same 68 stores (a total of 356.64 square meters), the size of which is similar to that of the instant 10 floors, including the instant stores, KRW 40,000,000 per month for rent 2014, KRW 11,170,000 per month for rent 2015 (including value-added tax) and the lease period from January 1, 2014 to December 31, 2015. ② From February 12, 2016, the lease period of KRW 11,170,00 per month for rent 5,500,000 (including value-added tax) and the lease period from February 31, 2016 to December 31, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 14 through 16, 18, 21 through 23, Eul evidence Nos. 1 and 2 (including any number), the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the assertion is that the Plaintiff, by deceiving the Defendant of the sales price and expected rental profit of the store of this case, sold the instant sales contract.