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1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from October 25, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. On June 22, 2003, the Plaintiff lent KRW 80,000,00 to the Defendant. On June 26, 2007, the Plaintiff acquired the ownership of KRW 105,000,00 from the Defendant’s son, as payment in lieu of the above loan, the ownership of the D apartment Nos. 1004, 1005, 100,000 (hereinafter “instant apartment”).
B. On December 11, 2007, the Plaintiff entered into a lease agreement with the Jijin Co., Ltd. (hereinafter “EN”) on a deposit of KRW 30,000,000 with respect to the instant apartment in the name of the E employee E, and on December 17, 2007, Jijin paid KRW 30,000,000 to the pre-existing lessee F of the said apartment.
C. On December 15, 2007, the Defendant agreed to repay KRW 28,000,000 and deposit KRW 30,000,00, which are the secured debt of the right to collateral security established on the apartment of this case with the Plaintiff and the instant apartment (hereinafter “instant agreement”).
On December 16, 2011, the Plaintiff concluded a lease contract again by increasing the deposit amount to KRW 40,000,000 with respect to the instant apartment in the name of Jinia and other employees G of the said company.
E. On December 4, 2013, the Plaintiff returned the deposit amount of KRW 40,000,000 to Jinia, upon termination of the above lease agreement with Jinia.
F. At the time of the transfer of ownership to the Plaintiff, the right to collateral security (the maximum bond amount of KRW 33,600,000) of Choung-Hy Bank was established on the apartment of this case was terminated on October 27, 2016, and the registration of cancellation of collateral security was completed on the same day.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 8, Eul's 1 through 3, the purport of the whole pleadings and arguments
2. The parties' assertion
A. According to the agreement of the Plaintiff, the Defendant failed to repay the deposit of KRW 30,000,000 for the lease deposit of the apartment of this case, and thus the Plaintiff returned the deposit to Jinia. Thus, the Defendant returned the deposit to Jinia. Thus, the Defendant is liable to compensate the Plaintiff for damages caused by nonperformance of the agreement of this case.