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Defendant B,
A. The Plaintiff’s KRW 95,369,779 and the Plaintiff’s annual rate of 6% from October 16, 2019 to November 14, 2019.
Reasons
Attached Form
The facts in the cause of the claim do not conflict between the parties, or can be acknowledged by adding the purport of the entire pleadings to the statements in Gap evidence Nos. 1 through 12. As such, the defendant Eul is obligated to pay to the plaintiff the indemnity amount of KRW 95,369,779, and to pay to the plaintiff the amount of KRW 95,369,779, and the interest rate of the agreed interest rate of KRW 6% from October 16, 2019 to November 14, 2019, which is the day following the payment date of the insurance money, 7.49% per annum from the next day of the delivery date of the complaint of this case until March 3, 2020, the agreed interest rate of KRW 7.49% per annum from the next day of the delivery date of the complaint of this case, and KRW 12% per annum from the next day to the day of full payment. Barring any special circumstance, defendant C and D are jointly obligated to deliver real estate in the separate list No. 3.
However, Defendant C and D asserted that they are obligated to pay the remainder remaining after deducting the overdue rent, etc. under the lease agreement with Defendant B from the lease deposit from the above money.
The security deposit received in the lease of a substitute real estate is a security to secure all the obligations of a lessee due to the lease, such as rent obligations, liability for compensation for damage, etc. due to the destruction or damage of an object, and the amount equivalent to the secured obligation is naturally deducted from the security deposit without a separate declaration of intention, unless special circumstances exist when the object is returned after the termination of the lease relationship. The same applies even if the security deposit refund claim is transferred or the pledge is established
Therefore, Defendant C and D shall, at the same time, receive real estate listed in the separate sheet from Defendant B, jointly with Defendant B within the scope of KRW 110,400,00,00, and shall pay the Plaintiff the said amount of money as stated in the said paragraph. However, according to a lease agreement on real estate listed in the separate sheet among