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1. The Plaintiff:
A. Defendant B shall be KRW 80,000,000 and a rate of 20% per annum from March 29, 2015 to the date of full payment.
Reasons
1. Claim against the defendant B
A. On April 8, 2009, the Plaintiff: (a) leased from Defendant B the five-story E of the fifth floor E (hereinafter “instant real estate”) owned by Defendant B from May 20, 2009 to May 20, 201; (b) on June 1, 201, the lease deposit was set at KRW 60 million; (c) on June 1, 201, the said lease term was set at KRW 80 million; and (d) leased the lease deposit at KRW 50 million.
(hereinafter “instant lease agreement”). As to the instant real estate, Samsung Mutual Savings Bank received a voluntary decision to commence auction on May 23, 2014 from the F of this Court, and completed the registration of ownership transfer on the ground of “sale due to voluntary auction on March 12, 2015,” which was subsequently awarded a successful bid by G in the subsequent voluntary auction procedure.
Since the lease contract of this case was terminated, Defendant B is obligated to pay to the Plaintiff the deposit amount of KRW 80 million and delay damages for the lease deposit of this case.
(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;
C. Defendant B is obligated to pay to the Plaintiff damages for delay at the rate of 20% per annum from March 29, 2015 to the day of full payment, which is set forth in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, after the day when the complaint of this case was served on the Plaintiff.
2. Claim against Defendant D
A. The actual owner of the instant real estate asserted as the cause of the Plaintiff’s claim is Defendant D, and Defendant D entered into the instant lease agreement with the Plaintiff and received the lease deposit from the Plaintiff, and the said Defendant is jointly and severally liable with Defendant B to pay the lease deposit amount of KRW 80 million and damages for delay.
B. Determination 1) Each statement of Gap evidence Nos. 1 through 8 (if there are serial numbers, including each serial number, the whole purport of the pleadings is comprehensively taken into account. ① Defendant D’s lease on behalf of the defendant B as of April 8, 2009, and.