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1. The Plaintiff:
A. Defendant B’s KRW 210,759,054 as well as 5% per annum from May 11, 2016 to September 9, 2016.
Reasons
1. Determination as to the plaintiff's claim against the defendant B and D
A. The fact of recognition: (a) on August 27, 2014, the Plaintiff, from Defendant B, leased the “F car page” located in Yeongdeungpo-gu Seoul Metropolitan Government, KRW 250,000,000 without rent, and the period from September 20, 2014 to September 19, 2016; (b) during the same period, the Plaintiff entered into a contract with Defendant B to operate the said car page jointly with Defendant B (hereinafter “instant contract”); and (c) paid the Defendant B totaling KRW 250,000,000 by September 3, 2016.
② On January 2015, the Plaintiff rescinded the instant contract with Defendant B, and received each of the following written statements (A 2) from Defendant C, the husband of the said Defendant:
Each letter promises to return 250,000,000 won received from A (Plaintiff) to May 11, 2015, which is three months thereafter.
It promises to assume civil and criminal responsibilities at the time of the route.
On May 21, 2015, Defendant D, a partner of Defendant B, jointly and severally guaranteed 200,000,000 won out of Defendant D’s obligation to refund security deposit (hereinafter “instant obligation to return security deposit”) following the rescission of the instant contract against the Plaintiff.
④ From February 9, 2015 to May 10, 2016, the Plaintiff paid KRW 58,520,000 to Defendant B, respectively, was appropriated for interest or delay damages from August 27, 2014 to May 10, 2016, as well as the principal amount of KRW 19,279,054 and KRW 39,240,946.
【Ground of recognition】 The fact that there has been no dispute, Gap 1-1 through 3-2, the purport of the whole pleadings
B. According to the above recognition of the establishment of the obligation, Defendant B is obligated to pay the said deposit and interest or delay damages to the Plaintiff, as restitution following the rescission of the instant contract.
Therefore, Defendant B’s principal of the remaining security deposit amounting to KRW 210,759,054 (=250,000,000 - 39,240,946) after deducting the part of the Plaintiff’s person who was paid the reimbursement, such as the above fact-finding. As to this, Defendant B’s instant case from May 11, 2016.