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1. The Defendant’s KRW 180,012,441 as well as the Plaintiff’s annual rate from June 10, 2014 to April 8, 2015.
Reasons
1. Determination on the cause of the claim
A. Fact-finding 1) The Defendant’s each real estate listed in the separate sheet on December 14, 201 (hereinafter “each of the instant real estate”) (hereinafter “each of the instant real estate”).
(1) A fisheries cooperative (hereinafter referred to as “fisheries”) with the security of each of the instant real estate on the same day after completing each registration of ownership transfer under its own name.
(2) On December 14, 2011, the Defendant concluded a lease contract between the Plaintiff and the Plaintiff, setting the lease deposit amount of KRW 800 million with respect to each of the instant real estate, and agreed to guarantee the Plaintiff at least KRW 200 million at the time of remodeling and selling the teleel building listed in the attached Table No. 4 (hereinafter “the instant telecom”), and concluded a pre-sale agreement with the Plaintiff on July 9, 201 to secure the said debt by setting the purchase price of KRW 2.4 billion with respect to the instant telecom, and registered the right to claim the transfer of ownership in the name of the Plaintiff on the same day.
3) On October 15, 2012, the Defendant entered into a lease agreement with C and D by setting the lease deposit amount of KRW 900 million with respect to the instant cartel, and paid KRW 100 million out of the said deposit to the Plaintiff. 4) On December 26, 2012, the Plaintiff transferred to E Co., Ltd. (hereinafter “E”) all the rights related to the instant cartel, including the right to return the lease deposit and the right to complete the pre-sale, and notified the Defendant of the assignment of the claim on December 27, 2012 following the date.
5 The Defendant entered into an agreement with E on December 27, 2012, stating that “where the Defendant did not pay KRW 900 million to E by March 25, 2013, the instant cartel shall be transferred to a person designated by E or E, but the Defendant shall succeed to the secured obligation of KRW 2.1 billion against the Defendant’s fisheries and the obligation to return the lease deposit amount of KRW 900 million against the said C or D.”