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1. The Defendant shall pay to the Plaintiff KRW 100,00,000 and the interest rate of KRW 15% per annum from June 19, 2018 to the date of full payment.
Reasons
1. Basic facts
A. The deceased C (hereinafter “the deceased”) died on February 1, 2018, and his spouse D, children E, Defendant, F, and G jointly succeeded to the deceased.
B. On May 18, 2018, the Plaintiff entered into a lease agreement with the Defendant and the Busan Metropolitan Government for the lease deposit of KRW 100 million, monthly rent of KRW 3100,000,000, and from June 1, 2018 to May 31, 2023 (hereinafter “instant agreement”).
C. On May 29, 2018, the Plaintiff paid the Defendant a deposit of KRW 10 million in total, which is KRW 10 million on the instant contract date, and KRW 90 million on May 29, 2018. D.
around May 24, 2018, D, E, F, and G except the Defendant: (a) around May 24, 2018, E designated E as the representative of the said H building; (b) entered into a partnership agreement with the view to having the representative perform the principal duties of the building management; and (c) paying reasonable remuneration and related expenses; (c) around May 25, 2018, the business operator’s name for H building was corrected to D, B, F, and G.
E. On May 29, 2018, the Plaintiff received the remainder of the lease deposit from the Defendant, and entered into a lease contract with the Defendant for the lease deposit amounting to KRW 60 million, monthly rent of KRW 2 million, from June 1, 2018 to May 31, 2023 with the lease term of KRW 130,000,000 for the lease deposit amount of KRW 60,000,000 for the lease deposit, monthly rent of KRW 110,000,000 for the lease deposit amount of KRW 130.8 square meters, from June 1, 2018 to May 31, 2023.
F. On May 29, 2018, G sent a text message to the Plaintiff stating that “The instant real estate is a leased building by the principal, or is accused of a criminal charge in the event of an intrusion upon the principal’s unauthorized use of the building or interfered with his duties (the interior and business).” On May 31, 2018, the Defendant concluded a lease agreement on the instant real estate on May 18, 2018 with the Plaintiff via the instant real estate intermediary, as the president of the Deceased, in accordance with the lawful procedure on behalf of the Plaintiff, and the instant contract is deemed to be disadvantageous to the Plaintiff under the civil law.