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1. The primary defendant is KRW 50,000,000 and 12% per annum from February 22, 2020 to the date of complete payment to the plaintiff.
Reasons
1. Determination as to the claim against the defendant B
A. On October 14, 2019, the Plaintiff is deemed to be the Plaintiff’s 1st floor D1st floor in Ansan-gu, Ansan-si (hereinafter “instant commercial building”) between Defendant C and Defendant C, for whom the power of representation regarding the lease agreement was granted by Defendant B on October 14, 2019
(3) As to the term of lease deposit, the term of the lease deposit amounting to KRW 50 million, KRW 3,500,000 per month, and KRW 3,500,000 per month, and the term of the lease from October 15, 2019 to October 14, 2021 (hereinafter “instant lease agreement”).
On the same day, the Plaintiff concluded a franchise contract with the franchisor on October 21, 2019 to operate a sugar in the instant commercial building, and made a phone call to Defendant B on October 24, 2019, and Defendant B did not grant the right of representation regarding the lease contract to Defendant C, on the ground that Defendant C did not grant the right of representation regarding the lease contract.
3) The Plaintiff declared in the instant complaint that the instant lease contract would be rescinded on the grounds of Defendant B’s refusal to implement the said contract, and the Plaintiff transferred the instant commercial building to Defendant B on February 21, 2020. [Grounds for recognition] The Plaintiff did not dispute, Gap 1 through 7, and 10 evidence (each number of items included) and the purport of the entire pleadings.
B. 1) The Plaintiff’s assertion was cancelled due to Defendant B’s refusal of performance. As such, Defendant B is obligated to pay to the Plaintiff 50,000,000 won of the lease deposit of this case and damages for delay calculated at the rate of 12% per annum from February 22, 2020 to the date of full payment, which is the day following the date of the delivery of the commercial building of this case. Defendant B’s assertion that Defendant B granted the right of representation to the Defendant C regarding the conclusion of the instant lease contract, but it has already been granted by Defendant C with respect to the instant commercial building of this case.