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1. The Plaintiff:
A. Defendant B: (a) KRW 7,500,000 and the annual rate of KRW 5% from June 1, 2017 to December 18, 2018; and
Reasons
1. (1) The Plaintiff is aware of the fact that it is difficult to manage the building on the F ground of the Nam-gu Incheon Metropolitan City (hereinafter “the studio of this case”) by providing a daily lease to each room. The Plaintiff delegated the authority to rent and manage monthly rent to the side of the real estate brokerage office, while the Plaintiff entered into a contract with a monthly payment of KRW 4 million, including monthly rent revenue, etc.
Accordingly, the Plaintiff entered into a liability management contract with E on March 27, 2006, and concluded a contract with Defendant D on October 26, 2012.
(2) However, even though the above liability management contract was based on the premise that it was a monthly rent contract, E and Defendant D entered into a lease contract with G without the Plaintiff’s permission.
① Around March 26, 2010, Defendant B, a broker assistant, entered into a lease contract with the instant studio H, and received the deposit.
② Around October 11, 2013, Defendant D, a broker assistant of Defendant C, concluded a lease agreement with the same security deposit for the foregoing H, and on February 11, 2015, concluded a lease agreement with respect to the foregoing H and received KRW 40 million as the increased security deposit.
(3) On September 8, 2016, G filed a lawsuit against the Plaintiff seeking the return of the deposit for lease amount of KRW 65 million (Seoul District Court 2016Da240139).
In the process of the above lawsuit, the conciliation was concluded that the Plaintiff returned KRW 60 million to G.
(4) Defendant C and D were convicted of another building owner in a criminal case that is the victim.
(In Mancheon District Court 2016Kadan8219, etc.). ① Defendant D entered into a liability management agreement similar to the Plaintiff, but committed the crime of occupational breach of trust, etc. by using the same method as above.
② Defendant C shall be from 2010 to 2016.