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1. Defendant B shall pay to the Plaintiff KRW 200,000,000 as well as 25% per annum from January 28, 2018 to the date of full payment.
Reasons
1. Basic facts
A. On June 1, 2017, the Plaintiff entered into a lease contract (hereinafter “instant lease contract”) with respect to accommodation facilities located in Chungcheongnam-gun, Seocheon-gun, Chungcheongnam-do (hereinafter “instant building”) located in D, the Defendants’ fraud, setting the lease deposit amount of KRW 200 million, monthly rent of KRW 300,000,000 from June 2, 2017 to June 1, 2019. At that time, the Plaintiff received delivery of the instant building when paying the lease deposit amount of KRW 200,000 to D.
B. After that, on August 2, 2017, the Plaintiff agreed to terminate the instant lease agreement with D, and D, on the same day, agreed to pay KRW 200 million to the Plaintiff the lease deposit amount of the instant building by October 31, 2017, and agreed to accept any measure in the event of failure to comply with the agreement, and Defendant B signed and sealed the said performance memorandum as the guarantor.
The Plaintiff transferred the instant building to D around that time.
C. On January 27, 2018, Defendant B’s statement that “Defendant B shall borrow KRW 200 million at interest rate of 25% per annum and pay it to the Plaintiff by March 31, 2018,” which read “the instant payment note” to the Plaintiff.
3) Defendant B signed and sealed the letter of the instant payment and signed and sealed Defendant C, one’s own wife, and marked his hindrance. [In the absence of any dispute over the grounds for recognition, the entries in Gap’s 1, 3, 4, Eul’s 1-1, 2, and 2-1, 2, and 2-1, 1-2, and the purport of the entire pleadings.]
2. According to the facts of the determination on the cause of the claim, it is reasonable to view that Defendant B acquired the Plaintiff’s obligation to refund the lease deposit against the Plaintiff via the instant payment note after the termination of the instant lease agreement. As such, Defendant B is 25% per annum as set forth in the instant payment note from January 28, 2018 to the date of full payment with respect to KRW 200 million and the Plaintiff.