임대차보증금 반환
1. The primary defendant shall pay 130,000,000 won to the plaintiff.
2. The plaintiff's remaining primary claims and the plaintiff's main claims.
1. On January 19, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, the primary Defendant (hereinafter “Defendant B”) as to D Apartment 1002 (hereinafter “instant apartment”) as to the lease deposit amounting to KRW 130 million, and from February 21, 2012 to February 20, 2014 (hereinafter “instant lease agreement”). The instant lease agreement was entered into with the F, the Plaintiff’s father and his agent, the agent of Defendant B, under the brokerage of the primary Defendant (hereinafter “Defendant C”), who is a licensed real estate agent.
After that, until February 21, 2012, the Plaintiff paid 130 million won of the above lease deposit to F.
The instant lease agreement terminated on February 20, 2014, and the Plaintiff’s side demanded the return of the said lease deposit from March 25, 2014 to Defendant B several times, but Defendant B expressed his/her intent to refuse the said request on April 1, 2014.
【Ground of recognition】 The fact that there is no dispute, Gap 2, 3, 5, and 6 (including branch numbers; hereinafter the same shall apply), Gap 2, 3, 5, and 6, the testimony of witness F and the purport of the whole pleadings
2. Summary of the parties’ assertion
A. Plaintiff 1) The primary claim F entered into with the comprehensive delegation by Defendant B, and the effective lease agreement of this case expired, Defendant B is obligated to pay the Plaintiff the lease deposit amount of KRW 130 million and damages for delay. 2) Even if Defendant B did not delegate the instant lease agreement to Defendant B, Defendant B and F, who was the user of Defendant B and F, and Defendant C, who arranged the instant lease agreement, as a joint tortfeasor, are liable to compensate for damages of KRW 130 million incurred by each Plaintiff as a joint tortfeasor.
B. Defendant B’s instant lease agreement in collusion with Defendant CF, etc. by stealing the name of Defendant B.