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1. The Defendant shall pay to the Plaintiff KRW 9,077,735 and the interest rate of KRW 19% per annum from May 1, 2010 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a comprehensive implementation contract with the “E Reconstruction Association” (hereinafter referred to as the “E”) which promoted a market reconstruction project in the size of 4,144.3 square meters in the former B market and the Seoul Jung-gu, Seoul, the land for the C market, and the “F commercial building” (hereinafter referred to as the “instant commercial building”). Under the said contract, the Plaintiff is a company that carried out the sales business of the instant commercial building lease that is newly constructed by transfer of the right of lease from the lessees of the Gu B and C market who are members of the said contract.
B. On May 2008, the Plaintiff entered into a lease sale contract with the Defendant on the second floor of the underground floor (hereinafter “instant contract”) with the following content.
Article 1 (Indication of Rental Real Estate) (1) Real estate subject to lease shall be as follows:
The target store: One unit of the second floor underground (3.9 square meters for exclusive use by the unit of the Gu) and the target type of business: The scheduled date of occupancy of household goods and imported goods: December 2009 (it may be changed according to the process, and the period of occupancy in the store may be later notified) (2) The specific location of the store shall be filled by lot after the payment of the balance and the sales price shall be settled according to the area of the store determined by lot.
(3) After drawing a store, a direct lease contract with a lessor is prepared, and such sales contract becomes void after drawing up a new lease contract, and a relationship with a lessor shall be governed by a new lease contract.
Article 2 (Payment of Price) (1) The rent out of the rent out of the following rent shall be as follows, and where there is any increase or decrease in the area after the store lottery, the final settlement shall be made pursuant to Articles 4 and 5 and the surcharge shall be separately imposed:
(2) The sale price shall be 43,50,000 won, excluding the rental deposit of KRW 82,000,000,000,000.
(Exemption from Taxation) If a buyer under Article 3 (Annual Charges) fails to pay the sale price by the due date, the amount in arrears shall be in arrears.