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1. The Defendants are jointly and severally liable to the Plaintiff for 35,320,000 won and 34,000,000 won among them, from December 14, 2019 to the Defendant.
Reasons
1. Facts of recognition;
A. On January 8, 2019, the Plaintiff entered into a lease agreement with Defendant B by setting the lease deposit amount of KRW 100 million with respect to subparagraph (a) of the Michuhol-gu Incheon Metropolitan City D ground lending (hereinafter “instant lending”), and paid KRW 50 million in total as the lease deposit by March 8, 2019.
B. Since then, the Plaintiff concluded a lease agreement with Defendant B, who was represented by F on April 3, 2019, to lease the instant loan No. 130 million won in the name of Defendant B’s Dong F, instead of the instant loan No. e., and entered into a lease agreement with Defendant B, who was represented by F on April 3, 2019. The Plaintiff deposited the lease deposit amount of KRW 14 million in the account in the name of Defendant B on April 26, 2019.
C. Since then, the Plaintiff demanded the Defendant B to refund KRW 54 million, plus the KRW 50 million already paid and the additional KRW 4 million additionally paid with respect to the instant loan subparagraph Ga, on the premise that the lease deposit under the instant loan subparagraph was in fact KRW 100 million. However, the Defendant B should refund KRW 34 million out of the said money, but the lease deposit should be increased by KRW 20 million after two years. As such, the Plaintiff demanded KRW 20 million out of the above KRW 54 million and KRW 1320,000,000 to lend it.
Accordingly, on September 11, 2019, Defendant B entered into a written confirmation (hereinafter “instant written confirmation”) with the purport that “The Plaintiff shall pay KRW 100,000,000,000,000,000,000,000,000,000 per annum to be returned to the Plaintiff, and the amount of KRW 34,00,000,000,000,000,000,000,000,000,000,000,000,000,000)” (hereinafter “instant confirmation”).
E. As Defendant B failed to pay the above money by the above payment date, on November 14, 2019, Defendant B prepared and agreed to pay all the above money to the Plaintiff by December 13, 2019 (hereinafter “instant letter”), and Defendant C, the husband of Defendant B, also.