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1. The Defendants: (a) KRW 41,920,207 for each Plaintiff and KRW 5% per annum from August 31, 2017 to January 17, 2018.
Reasons
1. On April 2014, Defendant B purchased a D building (hereinafter “D building”) with a 1.65 billion won (a contract deposit amounting to KRW 90 million) at a macro-si (hereinafter “D building”), in lieu of succeeding to existing loans, Defendant B made a payment of KRW 860 million as a deposit for lease after concluding a lease agreement with a third party on the said D building.
Defendant B delegated all of the E Licensed Real Estate Agent Office that Defendant C actually operated with the authority to conclude a lease agreement related to the above D building and the payment of the remainder of the lease deposit.
On May 16, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with only 1500 million won as to the above D Building No. 302 (hereinafter “instant real estate”) via the brokerage assistant of the E Licensed Real Estate Agent Office (hereinafter “instant real estate”).
The Plaintiff deposited KRW 1500,000,000 to Defendant C’s account.
The Defendants were convicted of having committed an offense, which had led the Plaintiff to return the lease deposit, even if the term of lease expires due to such loans and other obligations as above, even if it was difficult for the Plaintiff to return it.
(Y) On the other hand, on November 15, 2015, the Plaintiff received 38,079,793 won in the auction procedure for D buildings on November 15, 2015, and received 25,000,000 won from Defendant C as criminal agreement around October 15, 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The Defendants concluded the instant lease agreement without notifying the Plaintiff of the fact that the circumstances making it difficult to refund the lease deposit due to the repayment of the loan, etc., and received the lease deposit.
The plaintiff did not receive a refund of the deposit for lease and received only a part of the amount at the auction procedure.