보증금반환
1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 120,000,000 as well as to the day of full payment from August 31, 2018 to the day of full payment.
1. On January 27, 2018, the Defendant Company’s claim against the Defendant Company leased KRW 120 million to the Plaintiff the Plaintiff a deposit of KRW 120,000,000,000 on its ground building G (hereinafter “instant real estate”) and received the said deposit. Since the ownership transfer registration on the instant real estate at the time of the said lease was completed due to the trust in the name of the Plaintiff, the Defendant Company violated the agreement to repay the loan to the I Association, which is the first beneficiary, and to cancel the registration of the trust, even though the Plaintiff agreed to cancel the registration of the trust, the fact that the duplicate of the instant complaint, which contains the Plaintiff’s declaration of intent to terminate the lease contract, was delivered to the Defendant on August 30, 2018, may be recognized by taking into account each of the entries in the evidence Nos. 1, 2, and 3 (part number omitted) and the entire purport of the pleadings as a whole.
According to the above facts, since the lease contract on the instant real estate was terminated due to the nonperformance by the Defendant Company, the Defendant Company is obligated to pay to the Plaintiff the lease deposit amount of KRW 120 million 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 August 31, 2018 to the date of full payment.
The plaintiff's assertion against the defendant company is with merit.
2. Claim against Defendant C and E
A. Defendant C and E, the representative of the Defendant Company, the agent, and Defendant C and E, who are the Plaintiff’s assertion, are liable for damages equivalent to the deposit incurred by the Plaintiff due to such unlawful act, inasmuch as they deceiving the Plaintiff without intent to repay the loan and cancel the registration of trust on the instant real estate, thereby deceiving the Plaintiff from the Plaintiff.
B. At the time of conclusion, the Defendant Company agreed to repay the loan and cancel the registration of trust;