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1. The Defendant’s KRW 70,000,000 as well as its annual 5% from December 14, 2018 to December 18, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 10, 2016, the Plaintiff, while lending KRW 120 million to C on March 10, 2016, drafted a notarial deed of a monetary loan agreement (No. 67 of the 2016 D Office of Notary Public, No. 2016), stating that interest shall be paid on March 10, 2018 with 25% per annum, and that in the event of default, it may be immediately enforced.
However, C did not fulfill its obligations under the above notarial deed.
B. On November 14, 2018, the Plaintiff, based on the above notarial deed, received a claim attachment and collection order (the Daejeon District Court Hongsung Branch 2018TT 9284) as to the claim for return of lease deposit (the claim for return of lease deposit, which is deemed to be against the Defendant by C with the obligor C and a third obligor as the Defendant, and was served on and confirmed to the Defendant on November 19, 2018.
C. On the other hand, on March 22, 2016, the Defendant entered into a lease agreement with C, the purpose of operating a private house, setting the lease deposit amount of KRW 250 million, monthly rent of KRW 12 million (hereinafter “the lease agreement of this case”) to lease the entire five floors, six floors, and part of the roof (mechanic) of the building E, 1135.6 square meters on the ground of the building being constructed at the time of Yangju, Yangju-si, which was being constructed, with the aim of operating a private house (hereinafter “the lease agreement of this case”). The main contents are as follows.
Deposit 250 million won, down payment 20 million won, 50 million won in the first intermediate payment, 50 million won in the receipt at the time of a contract, 20 million won in the second intermediate payment, 50 million won in the second intermediate payment on April 20, 2016, 130 million won in the remainder payment on August 30, 2016, and 7 payment on the date of completion: If a lessor or lessee fails to fulfill the terms of this contract, the other party may make a written demand and rescind the contract in writing to the defaulted person.
In such cases, the parties to a contract may respectively claim damages from the cancellation of the contract against the other party, and the contract deposit shall be deemed as the basis for compensation for damages, unless otherwise agreed.
Matters of special agreement
5. The lessee shall perform the interior work after the payment of the second intermediate payment.