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1. The Plaintiff:
A. Defendant C is 5% per annum from March 25, 2015 to May 23, 2015; and
Reasons
1. Facts of recognition;
A. On March 22, 2012, the Plaintiff: (a) leased the instant house (No. 2902 of the Namdong-gu D Building No. 2902) from Defendant C as a broker of Defendant B; (b) on April 20, 2012, from April 20, 2012 to April 19, 2013 (hereinafter “instant lease”); (c) transferred the down payment of KRW 8 million to Defendant B on the same day; and (d) Defendant B immediately remitted KRW 8 million to Defendant C.
(2) On March 22, 2012, Defendant B asserted that Defendant C was present at the time of the formation of the instant lease agreement, and Defendant C and the Plaintiff did not attend, and Defendant C and the Plaintiff drafted the instant lease agreement on behalf of Defendant C on behalf of Defendant C, and accordingly, Defendant B transferred the down payment to Defendant B and then transferred it again to Defendant C).
At the time of the instant lease agreement, the market price of the instant housing was the maximum of KRW 170 million to KRW 230 million, average of KRW 200 million. The maximum maximum debt amount of KRW 137,800,000 and KRW 47,784,00 was set up on the instant housing. The deposit amount of the lessee E of the instant housing was KRW 70 million immediately before the Plaintiff.
Although Defendant C, even in a lease agreement with Defendant E as a broker, agreed to reduce the principal of the secured debt of the right to collateral security established on the instant house, but failed to implement the said lease agreement until the termination of the lease agreement, Defendant C entered in the instant lease agreement that included a special agreement to reduce the principal of the secured debt of the instant house as KRW 90 million by April 20, 2012, which is the remainder date.
C. On April 20, 2012, the remaining date, the Plaintiff, even though Defendant C did not reduce the principal of the secured debt.
As stated in Paragraph C, the remainder of the deposit has been paid to Defendant C and moved into the house of this case.
On April 20, 2012, the Plaintiff remitted KRW 37 million to Defendant B on April 20, 2012, and the Defendant B re-transfered it to Defendant B, and Defendant C is already another director on the same day.