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1. The Defendant shall pay to the Plaintiff KRW 27,923,96 as well as 20% per annum from March 8, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. A. Around 2000, the Plaintiff leased the second floor (the first floor, the Plaintiff resided in the first floor; hereinafter “instant building”) owned by the Plaintiff on the ground of Busan Dong-gu, Busan to the Defendant at KRW 35,000,000,000.
Since the Defendant is not an opportunity to pay the lease deposit, the Plaintiff was granted a loan of KRW 35,00,000 on March 19, 2001 at the Dong-dong branch of the National Bank of Korea, and KRW 26,000,000 on September 6, 2001, and returned the lease deposit to the previous lessee at KRW 35,00,000 among them. In lieu of the lease deposit, the Defendant agreed to make a full payment on behalf of the Plaintiff with KRW 35,00,000 out of the Plaintiff’s above loans.
B. After that, as of June 30, 2007 between the Plaintiff and the Defendant, the lease deposit amount of KRW 30,000,000, and KRW 25,000,000 as of January 1, 2010, and KRW 200,000, respectively, were drafted.
On November 13, 2012, the Plaintiff filed a lawsuit with the Defendant seeking the payment of the surrender and rent of the instant building (or unjust enrichment equivalent to the rents in Korea) on the ground of the delinquency in rent (hereinafter “previous lawsuit”) and concluded the following adjustment on November 13, 2012.
[Adjustment Provisions] ① On November 13, 2012, the Plaintiff confirmed that the instant building was leased to the Defendant by setting the lease deposit amount of KRW 26,000,000, monthly rent of KRW 180,000, monthly rent of KRW 180,000, and the rent payment period as the first day of each month.
② The Defendant confirmed that the rent payable to the Plaintiff by November 2012 is KRW 2,290,000.
③ It is confirmed that the Defendant’s water supply tax, electricity tax, and septic tank amounting to the Plaintiff by November 2012 is KRW 100,000.
④ At the same time, the Defendant received payment of KRW 23,610,000 from the Plaintiff (=26,000,000 - KRW 2,290,000 - KRW 100,000), and deliver the instant building to the Plaintiff.
⑤ The Plaintiff shall pay KRW 23,610,000 to the Defendant simultaneously with the delivery of the instant building from the Defendant.
C. Meanwhile, on November 16, 200, D, the Plaintiff’s wife, due date for payment of KRW 10,000,000 to the Defendant on April 16, 200, and interest rate of KRW 300.