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1. The Defendant shall pay to the Plaintiff KRW 255,742,110 and the interest rate of KRW 15% per annum from December 31, 2015 to the date of full payment.
Reasons
1. On February 12, 2011, the Plaintiff entered into a lease agreement between the Defendant and the Defendant to rent the gas station D located in Seongdong-gu Seoul Metropolitan Government (hereinafter “instant gas station”) in KRW 139,00,000, and operated the said gas station upon delivery. On August 31, 2011, the Plaintiff increased the lease deposit to KRW 61,000,000 and changed the lease deposit to KRW 200,000.
On July 24, 2011, the Plaintiff concluded a mortgage contract on the instant gas station building and site, and completed the establishment registration of a mortgage over the said land and building with the maximum debt amount of KRW 300 million.
After that, the above land and buildings were voluntarily sold (Seoul Eastern District Court E) and the plaintiff did not receive dividends based on the above right to collateral security. The defendant is obligated to pay to the plaintiff the above lease deposit, the lease deposit, the following expenses, loans, etc. paid by the plaintiff in the process of leasing the gas station in this case, and damages for delay at the rate of 20% per annum from the day after the original copy of the payment order in this case was served to the day of complete payment.
The sum of the charges of KRW 1,336,150 on August 28, 2012, the electric utility charges of KRW 477,260 on July 25, 2012, shall be KRW 1,295,790 on the electric utility charges of KRW 1,336,150 on November 30, 2012, the electric utility charges of KRW 15,000,000 on February 25, 2013; KRW 583,000 on the payment of KRW 2,358,720 on May 31, 2012; KRW 20,000 on loans of KRW 23,667,00 on loans of KRW 20,00 on loans of KRW 23,67,00 on July 24, 2012; and loans of KRW 10,000 on loans of KRW 10,015;
2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);
3. Reasons for partial dismissal: The statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings is amended on September 25, 2015 and enforced on October 1, 2015, and damages for delay prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings are calculated at the rate of 15% per annum from the date following the delivery date of the original copy of the instant payment order to the date of full payment.