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1. The defendant shall pay 43,00,000 won to the plaintiff and 20% per annum from March 3, 2015 to the day of complete payment.
Reasons
1. Basic facts
A. On September 25, 2013, the Plaintiff: (a) determined and lent KRW 20 million to the Defendant on December 31, 2013 as the due date for repayment.
B. Meanwhile, from around 194, the Plaintiff leased the instant real estate (hereinafter “instant real estate”). Between the Defendant and the Defendant on June 27, 2010, the Plaintiff entered into a lease agreement with the Defendant on a deposit deposit of KRW 30 million, monthly rent of KRW 600,000 (Provided, That there is no dispute between the parties as to the actual monthly rent of KRW 1 million), and on January 31, 2012, the Plaintiff registered its business as the location of the instant real estate, and obtained a fixed date for the said lease agreement from the Deputy Tax Office on February 1, 2012.
C. On October 30, 2012, the auction procedure had been commenced in the instant real estate under this court E and F (Dupl). The most favorable as the burden on the instant real estate that the purchaser did not take over in the said auction procedure is the right to collateral security (the subsequent mortgagee was changed to “G”) in the name of the Northwest Saemaeul Saemaul Depository, which was completed on March 5, 2009, and the Plaintiff did not demand a distribution by the deadline for the completion of the demand for distribution.
In addition, on December 19, 2013, the Supreme Court rendered a decision of permission for sale to H, a bidder, in the above auction procedure, and H completed the registration of ownership transfer regarding the instant real estate by paying the sale price in full on May 21, 2014.
E. As the Plaintiff did not withdraw from the instant real estate, H filed an application against the Plaintiff for an order to deliver real estate with I in this court, and this court accepted the application on June 10, 2014, and the Plaintiff removed the Plaintiff from the instant real estate.
F. In this case, the purport of the Plaintiff’s claim for the return of the lease deposit on the instant real estate to the Defendant and a duplicate of the application for modification of the cause of the claim was served on March 2, 2015, and the Plaintiff.