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1. The Defendant’s KRW 50,000,000 as well as the Plaintiff’s annual rate of 5% from October 23, 2012 to March 11, 2014.
Reasons
1. The Plaintiff is the owner of the building of 692m2 and above ground-based 4m2 (hereinafter “the instant telecom”). The instant telecom had set the first priority collateral security (hereinafter “instant multi-mortgage security”) which is the maximum debt amount of 490,000,000 won, the obligor, the Plaintiff, and the Plaintiff of Samsung Fire & Marine Insurance (hereinafter “the instant tele-mortgage”).
The Defendant leased from D the lease deposit amount of KRW 50,00,000, and KRW 2,200,000 per month of rent to operate the skin management office and Hanba Pac (hereinafter “the skin management office of this case”).
On February 25, 2012, the Plaintiff and the Defendant transferred the instant franchise to the Defendant, but the Plaintiff’s husband received KRW 50,000,000 as lease deposit for the management room of the instant department from the lessor D, and the Defendant concluded a contract with the Plaintiff to take over the secured obligation of KRW 270,000,000 (hereinafter “instant contract”).
In accordance with the instant contract, the Plaintiff and the Defendant: (a) around that time, entered into a sales contract of February 15, 2012, stating that the Plaintiff sold the instant Moel in total of KRW 50,000,000, the remainder KRW 394,000,000,000; and (b) that “When the seller is in breach of contract, the seller compensates the buyer for the double amount of the down payment with the penalty, and if the buyer is in breach of contract, the down payment shall be deemed as a penalty and the right to claim the return thereof shall be lost.”
In addition, on February 2, 2013, F and D drafted a lease agreement (No. 2) in which F receives KRW 50,000,000 from D the deposit for the management office of this case from D on February 2, 2013, the expiration date of the lease.
The Defendant unilaterally concluded the instant contract to the Plaintiff via Samsung Fire Marine Insurance, a broker, around March 12, 2012, without proceeding to take over the secured obligation of the instant collateral.