손해배상(기)
Defendant B shall pay 135,00,000 won to the Plaintiff and 12% per annum from November 2, 2019 to the day of complete payment.
1. Facts of recognition;
A. The Plaintiff came to know with Defendant B as a work partner, and the Defendants, upon completion of a marriage report on August 9, 2012, have lived and have been divorced on January 17, 2017.
B. (1) On March 6, 2013, Defendant B: (a) the Dong-gu, Ulsan-gu, U.S. and the 178 square meters of land and the 4-story detached housing (Ebudio; hereinafter “instant building”).
(2) On May 9, 2014, the Plaintiff entered into a lease agreement with Defendant B, which is KRW 135 million with respect to the instant building F, and which is 24 months from May 23, 2014 during the lease period (hereinafter “instant lease agreement”).
The Plaintiff paid to Defendant B KRW 10 million on April 22, 2014, KRW 500,000 on April 22, 2014, KRW 500,000 on the Hanman on April 29, 2014, KRW 500,000 on April 29, 2014, KRW 70,000 on May 12, 2014, and KRW 49,50,00 on May 23, 2014, respectively, and paid all of the above lease deposits.
3) On May 2016, the Plaintiff demanded Defendant B to return the lease deposit upon the expiration of the term of the instant lease agreement, but failed to receive the refund of the deposit. 4) The instant building and its site were sold to G on January 11, 2017, after having rendered a decision to voluntarily commence the auction on the instant building and its site, and on that process, on April 26, 2018.
5) The Plaintiff was unable to receive the deposit for lease during the said voluntary auction procedure. C. (1) Defendant B was indicted for a crime of fraud by Ulsan District Court 2017Da1240, 2663 (Joint) and was sentenced to a four-year imprisonment on October 17, 2017, and filed an appeal with the Ulsan District Court 2017No1392 on January 9, 2018, but the said judgment became final and conclusive as it is.
(hereinafter referred to as “related criminal case.” On April 2014, the Defendant will take the victim A (the 36-year-old) from the office of “I” located in Ulsan-gu, Ulsan-gu, Ulsan-gu, and the EudioF located in the J of Ulsan-gu, Ulsan-gu.
At present, the Ebudio Building is established with the right to collateral security in the name of the K Union, and it is the sum of the deposit money paid by the Kbudio and the money paid.