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1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 20% per annum from October 25, 2013 to the day of full payment.
Reasons
1. Determination on the cause of the claim
A. On June 7, 2012, the Plaintiff agreed to sub-lease 504, 124, the Daejeon Sung-gu, Daejeon, Daejeon, to return KRW 30,00,000 and KRW 4,000,000, out of the deposit and facility premium of KRW 15,000,000 paid to the Defendant to the Plaintiff. However, the above KRW 4,000,000, out of the above KRW 31,000,000, shall be immediately returned to the Plaintiff, and the remainder shall be returned to a third party on the following day from the commencement date of the business of the third party if the Defendant leased to the third party. If the Defendant did not implement the sub-lease, the Plaintiff agreed to return the above refund plus KRW 11,00,000,000,000 until the commencement date of the business of the commercial building. The Defendant is recognized to have failed to pay the above KRW 310,000,000,00.
Therefore, the defendant is obligated to pay to the plaintiff 30,000 won remaining after deducting 12,00,000 won paid to the plaintiff from 31,000,000 won for penalty and 11,000,000 won for penalty, and to pay to the plaintiff 20% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 25, 2013 to the date of delivery of a copy of the complaint of this case.
B. As to this, the Defendant asserted that: (a) between the Plaintiff and the Plaintiff on October 7, 2013, the agreement was invalidated on June 7, 2012; and (b) the Defendant agreed to pay to the Plaintiff KRW 31,000,000 on three occasions, namely, KRW 32,00,000 on August 12, 2013; and (c) before and after October 2013, KRW 3,000,000, and KRW 16,000 on January 16, 2014.
The following circumstances, which are acknowledged as a comprehensive consideration of the overall purport of the pleadings by witnesses D and E, namely, upon the Defendant’s request, that D pay 31,000,000 won over three times of telephone conversations with E, and that E refused to do so, and D knows upon the request of D when telephone conversations is completed.