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1. Defendant B shall pay to the Plaintiff KRW 118,738,572 and the interest rate of KRW 15% per annum from February 13, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. On April 18, 2014, the Plaintiff concluded a lease agreement between Defendant C and Defendant B regarding the Real Estate Agent E-building No. 719 (hereinafter “instant officetel”) of Yeongdeungpo-gu Seoul Metropolitan Government (the contract amount of KRW 20 million shall be KRW 80 million on May 26, 2014; the remainder of KRW 100 million shall be paid respectively on May 30, 2014; the lease term shall be from May 30, 2014 to May 29, 2016 (hereinafter “instant lease”); Defendant B did not establish any additional loan and limited real right; Defendant B paid KRW 200 million to the instant officetel, a bank, 100,000,000,000 (hereinafter “the maximum debt amount”); and Defendant B paid the intermediate payment of KRW 130,000,00,000,000,000.
C. Under the instant lease agreement, the Plaintiff paid to Defendant B a down payment of KRW 20 million, the intermediate payment of KRW 80 million on May 26, 2014, the remainder of KRW 15 million on May 29, 2014, and the remainder of KRW 85 million on May 30, 2014, with the Plaintiff transferred a house on the outstanding payment date, and obtained a fixed date.
However, on May 27, 2014, Defendant B cancelled the right to collateral security under the name of Han Bank Co., Ltd., which was established in advance pursuant to the instant special agreement, and completed the registration of establishment of a collateral security (hereinafter “registration of establishment of a collateral security”) with respect to the instant officetel with a high-income Saemaul Savings Depository and the maximum debt amount of KRW 149,50,000.
In addition, the Plaintiff was distributed only KRW 81,261,428 as the lessee on January 28, 2016, in the auction procedure of F real estate in Seoul Southern District Court, which was commenced upon the application of the 2nd Saemaul Savings Depository, which was established on the date of distribution.
E. Meanwhile, Defendant D with Defendant Korea Licensed Real Estate Agent Association, applying each of KRW 100 million as the amount of mutual aid, with the mutual aid amount, from March 26, 2014 to March 25, 2015, and Defendant C.