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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 120,000,000 and the interest rate thereon from August 31, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. From May 19, 2008 to May 27, 2013, the Plaintiff leased the 2nd floor of the D Building in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant real estate”) and operated the “E Vocational Professional School.” The Defendant C is the representative of the Defendant Incorporated Foundation B (hereinafter “Defendant School”).
B. Around May 2013, the Plaintiff agreed to receive Defendant C and the Plaintiff’s health insurance premiums and long-term care insurance premiums, etc., and to transfer the lease right and office fixtures, etc. of the pertinent real estate to Defendant C on the condition that the lease deposit amount of KRW 120 million is converted to the loan and the interest is paid thereon.
C. However, the above right of lease was no longer transferred against the lessor of the instant real estate, and the Plaintiff and Defendant C agreed to implement the remainder except the above right of lease transfer as it is.
On August 13, 2013, the Plaintiff: (a) transferred KRW 50 million, which was prepared by disposing of the shares held on August 13, 2013 to the account of Defendant School; (b) KRW 90 million, out of KRW 100 million returned by the lessor of the instant real estate on October 1, 2013; and (c) as at the time of remitting the said KRW 50 million to the Plaintiff’s account column, each of the said KRW 50 million was inserted into “Fj” in the Plaintiff’s account column.
E. After leasing a new place of business, Defendant School paid KRW 30 million out of the total amount of KRW 50 million, which was remitted from the Plaintiff to the lessor on August 27, 2013, as the down payment out of the lease deposit, and paid the remainder of KRW 90 million on October 1, 2013, respectively. The remainder of KRW 20 million out of the above KRW 50 million was used as operating expenses, such as employee wages and fees for certified judicial scrivener.
F. On the other hand, on October 21, 2013, between the Plaintiff and Defendant C, a loan certificate agreement containing the following (hereinafter “instant agreement”) was concluded between the Plaintiff and the Defendant C.
(hereinafter “A” refers to Defendant C and “B,” respectively. 1. A and “B,” respectively.