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1. The Defendant: (a) 10% per annum from October 24, 2014 to August 19, 2015, with respect to KRW 50 million and KRW 50 million among the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. 1) The Plaintiff is a contract under which C transfers the right to operate the instant driving range, etc. with the Defendant around May 20, 2014, while operating the driving range on a deposit basis of KRW 150 million, KRW 150 million, and KRW 500,000,000, which is set up in the fourth floor and the facilities of the golf driving range installed therein, among the buildings owned by C, and one parcel of land, the Plaintiff transferred the right to operate the said driving range, etc. to KRW 60,000,000 (hereinafter referred to as “the instant premium contract”).
A) On May 20, 2014, the Defendant entered into a contract with C to lease the above 4th floor building and the golf driving range facilities owned by C, with a deposit of KRW 150 million per month, KRW 50 million per month, and the period of May 19, 2017, and operated the said golf driving range thereafter. The Plaintiff, the Defendant, and C agreed to refund deposit of KRW 150 million to the Plaintiff, and the Defendant would pay deposit of KRW 150 million per annum to the Plaintiff instead of paying deposit of KRW 150 million per annum. The Defendant borrowed KRW 150 million per annum from May 21, 2014, KRW 150 million to the Plaintiff and KRW 150 million per annum from June 2, 2014 to KRW 200,000, KRW 15000 per annum from the Plaintiff and KRW 2,500,000,000 per annum.
(C) The Plaintiff paid KRW 420,000,000 to the Plaintiff on June 23, 2014, and KRW 422,00,00 on July 19, 2014.
[Reasons for Recognition] Unsatisfy, Gap 1-3, Eul 1 (including virtual number), the purport of the whole pleadings
B. Determination is rendered by the Defendant: (a) KRW 5084 million (the principal of KRW 50 million was KRW 840,000 from August 20, 2014 to October 19, 2014) and KRW 50,000,000, whichever is deemed reasonable to dispute as to the existence or scope of the obligation to perform from October 24, 2014, which is the date of issuance of a copy of the complaint to the Plaintiff; (b) KRW 10% per annum, which is the agreed interest rate, from August 19, 2015, and the following.