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1. The Defendant shall pay to the Plaintiff KRW 18,126,598 and the interest rate of KRW 15% per annum from August 11, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. On December 7, 2011, the Plaintiff entered into a lease agreement between D and D as a broker of the Defendant, a licensed real estate agent, for the lease deposit amounting to KRW 130 million and the lease term from January 18, 2012 to January 18, 2014 (hereinafter “instant lease agreement”). On January 17, 2012, the Plaintiff was granted a fixed date on the said lease agreement after completing resident registration.
B. At the time of the instant lease agreement, the registration of creation of a mortgage around the bank, debtor D, and maximum debt amount of KRW 324 million was completed on the instant apartment, but there was concern that the Plaintiff could not be repaid the full amount of the lease deposit due to the said right to collateral security. As such, D presented the passbook, and the actual secured debt amount was KRW 260 million. The Defendant explained to the effect that even if the market price of the instant apartment was at KRW 430 million, the refund of the lease deposit was not problematic.
C. Accordingly, the Defendant stated in the column of the Special Agreement on the Lease of this case that “The present bank loans amounting to KRW 324,000,000 (the remaining principal is 260,000,000) and there is no alteration of rights or additional creation until the remainder.”
After that, with respect to the apartment of this case, the voluntary auction procedure was commenced with Suwon District Court F in the application of the Bank of Korea (the claimed amount of KRW 324 million). At the time of application for auction of the above collateral security right under the name of the Bank of Korea, the actual secured debt amount was KRW 641,214,839, and the appraisal of the apartment of this case was assessed as KRW 400,000 in the above auction procedure.
E. The plaintiff purchased the apartment of this case in the above auction procedure with the price of KRW 400 million, and on the date of distribution.