Text
1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 20% per annum from February 4, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On February 2013, the Plaintiff entered into a lease agreement with C to set the lease deposit amount of KRW 50 million with respect to the cafeteria located within the Esabry Esa (hereinafter “instant cafeteria”), and paid KRW 50 million to C, and thereafter operated the instant cafeteria.
B. On July 16, 2013, the Defendant followed the Plaintiff and followed the operation of the instant restaurant. On July 16, 2013, the Defendant newly drafted a lease agreement between C and C, which stipulated the lease deposit of KRW 50 million, monthly rent of KRW 2.5 million, and the lease term of the instant restaurant from July 18, 2013 to December 17, 2015.
On the other hand, at the time of the preparation of the above contract, the plaintiff, the defendant and C agreed to return 50 million won of the existing lease deposit to the plaintiff on behalf of the defendant instead of paying 50 million won of the above lease deposit to C at the same place. Accordingly, the plaintiff made up a letter of waiver that C waives the existing lease deposit amount of 50 million won.
C. On July 17, 2013, the Defendant paid KRW 20 million to the Plaintiff, and paid KRW 300,000 per month for the remainder of KRW 30 million as interest. While operating the instant restaurant, the Defendant directly paid KRW 2.5 million per month to C while operating the instant restaurant.
On December 2013, the decision to commence soup was made on the above cafeteria building where the restaurant in this case is located.
[Ground of recognition] Facts without dispute, Gap evidence 2-1, Eul evidence 1, 2-2, Eul evidence 1 and 2, Eul's testimony and the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 30 million and the damages for delay calculated at the rate of 20% per annum from February 4, 2014 to the date of full payment, which is clear that it is the day following the delivery of a copy of the complaint of this case.