대여금 등
1. The Defendants are jointly and severally liable to the Plaintiff for 210,000,000 won and 25% per annum from January 6, 2007 to January 12, 2017.
1. Basic facts
A. On January 5, 2005, the Plaintiff leased H apartment 302 and 702 (hereinafter “instant apartment”) from G Co., Ltd. (hereinafter “G”) operated by Defendant B, in total, KRW 210 million (=302 billion + KRW 110 million + KRW 702 billion).
B. After the auction procedure for the apartment of this case was conducted, on June 29, 2006, Defendant B prepared a letter of performance that he would refund the deposit amount of KRW 210 million to the Plaintiff by January 5, 2007, but if the deposit is not returned by the above payment date, he would return the deposit by adding the damages for delay at the rate of 25% per annum. Defendant C, D, E, and F guaranteed the obligation to refund the deposit to the Plaintiff on the same day.
C. The apartment of this case was sold by auction around 2008, and the Plaintiff was unable to receive the deposit at all during the above auction procedure due to the senior security holders of the apartment of this case, and was unable to receive the deposit from G or Defendant B up to now.
[Reasons for Recognition] Defendant B, C, and E: Confession (Article 150(3) and (1) of the Civil Procedure Act), Defendant D, and F: Each description of evidence Nos. 1, 2, and 3
2. Until January 5, 2007, Defendant B agreed to return KRW 210 million of the deposit amount of the instant apartment to the Plaintiff by January 5, 2007, and Defendant C, D, E, and F jointly and severally guaranteed the obligation to return the deposit amount to the Plaintiff by Defendant B. As such, the Defendants jointly and severally liable to pay to the Plaintiff damages for delay by the agreement of 25% per annum from January 6, 2007, which is the day following the date of the said payment, to January 12, 2017, which is the date of the said decision.
The Plaintiff claimed for the payment of damages for delay from June 29, 2006 to January 5, 2007 as to the above deposit, but as seen earlier, the due date for the repayment of the above deposit is January 5, 2007. Thus, the Plaintiff’s claim for the payment of damages for delay.