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1. The Defendant shall pay to the Plaintiff KRW 94,389,036 and the interest rate of KRW 12% per annum from September 28, 2019 to the day of complete payment.
Reasons
1. Basic facts
A. On March 17, 2017, the Defendant sold in KRW 4.5 billion to the Plaintiff the land of this case, collectively named “instant land” in the amount of KRW 293,616 cubic meters and KRW 283,177,000,000,000,000.
(hereinafter “instant sales contract”). B.
The Plaintiff paid 100 million won to the Defendant on March 17, 2017. The Defendant’s debt KRW 799,469,000 to the Korea Development Bank with respect to the instant land (the Korea Development Bank’s registration of creation of a mortgage over the instant land was cancelled on April 18, 2017), and paid 3,600,531,000 won to the remainder on March 21, 2017, and completed the registration of ownership transfer for the instant land on the same day.
C. On March 21, 2017, the Plaintiff, on March 21, 2017, set the lease term for the instant land from March 21, 2017 to the re-purchase, and leased the instant land as an amount equivalent to the monthly interest on the loan of KRW 2 billion under the instant sales contract (value-added tax separately) to the Defendant.
(hereinafter “instant lease agreement”). D.
As the Defendant did not pay the rent, the Plaintiff filed a lawsuit seeking payment of KRW 145,537,532 for the unpaid rent from February 18, 2018 to January 17, 2019 (Seoul District Court Decision 2019DaDa309388). On September 19, 2019, the said court sentenced the Plaintiff to pay KRW 145,537,532 to the Plaintiff and damages for delay, and the said judgment became final and conclusive on October 11, 2019.
E. The Defendant did not pay rent even thereafter, and the unpaid rent accrued from January 18, 2019 to August 17, 2019 is KRW 94,389,036.
[Reasons for Recognition] Unsatisfy Facts, Gap 1, 2, 3, and 6's statements, the purport of the whole pleadings
2. According to the facts found earlier prior to the determination on the cause of the claim, the Defendant may claim against the Plaintiff for the unpaid rent KRW 94,389,036 from January 18, 2019 to August 17, 2019 under the instant lease agreement.