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1. The Defendant shall pay to the Plaintiff KRW 130,00,000 and the interest rate of KRW 15% per annum from October 1, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. On September 30, 2017, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 250 million, monthly rent of KRW 800,000,000, and the lease period from November 14, 2017 to November 13, 2019. The Plaintiff entered into a lease agreement with the Defendant on the condition that the Plaintiff leases the instant commercial building owned by the Defendant under the same conditions as the instant subparagraph G or H owned by the F on the same day.
B. On June 7, 2018, the Plaintiff, the Defendant, and the F agreed with respect to each of the above lease agreements as follows:
(hereinafter “instant agreement”). Plaintiff B: F and Defendant
1. A and B agree to terminate the above lease contract, since they entered into a lease contract with respect to the commercial buildings G to H, D, and E in this case.
2. B shall be jointly and severally paid KRW 130 million to A by September 30, 2018.
3. If the said money is not paid until the above date, damages for delay in addition to the rate of 15% per annum from October 1, 2018 to the full payment date shall be paid.
4. Taxes and public charges, such as management expenses incurred with respect to the leased object, shall be borne by the parties and shall not be borne by the parties A;
5. The facilities installed by Party A in the above building shall be removed by Party B, but the cost of removal shall not be claimed against Party B.
6. Future A and B shall not raise any civil or criminal objection against the other party in connection with the instant lease agreement.
[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 2-2, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant calculated jointly and severally with F to the Plaintiff at the rate of 15% per annum, which is the agreed delay interest rate from October 1, 2018 to the day of full payment, as stipulated in the instant agreement.