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The Plaintiff
A. Defendant B is 31,00,000 won and 12% per annum from July 16, 2020 to the date of full payment.
Reasons
1. Basic facts
A. On May 2018, the Plaintiff: (a) through the brokerage of Defendant C by an authorized broker, leased the Plaintiff’s KRW 50 million from Defendant B to KRW 50 million; and (b) from May 25, 2018 to May 24, 2020; and (c) paid the said security deposit.
B. The dividends of the instant multi-family house did not collect KRW 31 million out of the deposit in a voluntary auction. However, on May 2019, the auction procedure for the instant multi-family house was commenced by G Union with the party in the nearest right of the instant multi-family house. In the auction procedure, the said multi-family house was awarded to a third party for KRW 453,99,99 and was distributed as to the successful bid price. However, the Plaintiff received only the priority payment of KRW 19 million among the right of collateral security and other prior lessees who received the date of the first settlement, and did not receive dividends of KRW 31,00,000,000 in the remainder of the deposit ( KRW 50,000,000).
[Grounds for recognition] Each entry of Gap evidence Nos. 1 through 10 (including branch numbers) and the purport of the whole pleading
2. Determination
A. Determination 1 on Defendant B) The Defendant B, as a lessor, has the obligation to return KRW 31 million in the balance of the deposit that was not returned to the Plaintiff (Article 208(3)2 of the Civil Procedure Act). The judgment deeming confession (Article 208(3)2 of the Civil Procedure Act)
B. Determination 1 on Defendant C and D Association (hereinafter “Defendant C and D Association”), which is the Plaintiff’s claim, is a broker under an authorized private law brokerage, and the fact that Defendant C and C arranged the Plaintiff’s lease contract was explained to be KRW 200 million even though the amount of the deposit of senior lessee residing in the instant multi-family house reaches KRW 369 million. Based on this, the Plaintiff concluded a lease contract, thereby failing to recover KRW 31 million out of the deposit.