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Reasons
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(영문) 서울남부지방법원 2016.10.27 2015가단236077
손해배상(기)
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1. The defendant shall pay 140,950,000 won to the plaintiff and 15% per annum from November 30, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. In August 2005, the Defendant operated clothes in D, E, and Dong business from 1st floor of C, 1st floor of C, 2005 (hereinafter “instant store”).

However, in August 2005, it is necessary for the partner to be borne by the defendant to borrow KRW 200 million from the plaintiff.

In addition, on August 26, 2005, the lease contract between F and the defendant, which provides the lease deposit for the store of this case as security for the borrowed money, was prepared from August 31, 2005 to August 31, 2007, with the lease deposit amount of KRW 200 million and the lease term of KRW 200 million from August 31, 2005.

B. The Plaintiff filed a lawsuit claiming the lease deposit against F, a lessor of the instant store, Seoul Southern District Court 2014Kahap3796 (Seoul Southern District Court).

On September 4, 2015, the above court rendered a judgment that “the Defendant shall pay to the Plaintiff 59,050,000 won in arrears plus 14,950,000 won in arrears from the lease deposit (the sum of KRW 200,000,000,000 per annum from October 1, 2012 to September 4, 2015, 5% per annum and 20% per annum from the next day to the date of full payment.”

C. According to the above judgment, the Plaintiff was paid KRW 59,050,000 among the loans to the Defendant by F.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 and 6, Eul's testimony, and the purport of the whole pleadings

2. Examining the Plaintiff’s claim against the Defendant for payment of the remaining loans of KRW 140,950,000 and damages for delay thereof, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 140,950,000 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 30, 2015 to the date of full payment, which is the day following the day when the copy of the instant complaint was served on the Defendant, barring any special circumstance. Therefore, the Plaintiff’s above assertion is with merit.

3. Conclusion, the plaintiff's claim is justified.

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