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The defendants jointly pay to the plaintiff KRW 20,000,000 as well as 12% per annum from August 26, 2020 to the day of full payment.
Reasons
1. Claim against the defendant B
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Judgment deemed a confession: Articles 208(3)2 and 150(3) and (1) of the Civil Procedure Act;
2. Claim against Defendant C
A. On January 5, 2017, the Plaintiff entered into a contract for the lease of the Fho Lake (hereinafter “F”) from among the apartment houses with Defendant C, Defendant B, and the Daegu-gu D-gu Seoul-gu (hereinafter “instant building”) owned by the Plaintiff as the broker of Defendant C, to the end of January 5, 2017 (hereinafter “instant lease contract”). The Plaintiff entered into a contract for the lease of the Fho Lake (hereinafter “F”) from January 5, 200 to January 4, 2019, by setting the lease deposit amount of KRW 35,00,000,000, monthly rent, and the lease period of KRW 50,000 from January 5, 2017 to January 4, 2019.
2) On January 5, 2017, the Plaintiff received Fho Lake, completed a move-in report and received a final date, and paid all the lease deposits to Defendant B.
3) At the time of the conclusion of the instant lease agreement, Defendant C set up a collateral security of KRW 4550 million in total in the name of G in the instant building and site, and explained to the Plaintiff that the sum of the lease deposits of the first lessee of the instant building is about KRW 90 million, and provided the Plaintiff with the confirmation and explanatory note of the object of brokerage.
4) After the renewal of the instant lease agreement, the lease deposit was increased by KRW 5 million and KRW 40 million. The Plaintiff paid KRW 5 million to Defendant B around January 17, 2019.
5) On April 2019, the supply of water, electricity, etc. to the instant building was suspended, and the Plaintiff confirmed that the total sum of senior lessees’ deposit amounts exceeded KRW 400 million as a result of the confirmation of the failure to contact with Defendant B separately.
On May 28, 2019, upon the application of a collective security G-based association, a voluntary auction commencement procedure was initiated on the instant building and site (Ch of the Daegu District Court). The appraised value of the instant building and site was assessed as KRW 598,675,160 in total, and the Plaintiff on the dividend date that was conducted on August 11, 2020.