beta
Text
1. The Defendants jointly share KRW 40,000,000 with respect to the Plaintiff and 5% per annum from December 17, 2019 to September 2, 2020.
Reasons
1. Determination as to the claim against Defendant C
A. A. Around September 7, 2006, the Defendant delegated the right to lease management (from August 13, 2006 to August 12, 2019) to H Co., Ltd. (the representative D; hereinafter the same shall apply) for a long period of time (from August 13, 2006 to August 24, 2019) regarding F Building G (the section 24.460m2 of the exclusive ownership; hereinafter the instant real estate), an aggregate building located in Suwon-gu E, Suwon-si, Suwon-si. On behalf of the Defendant, H continuously leased the instant real estate to the Plaintiff from March 24, 2012 as the lease deposit 40 million won, the lease period, and 24 months (from March 24, 2012 to March 23, 2014) after the lease period expired, the Plaintiff continued to return the said real estate from March 16, 2019 to Defendant 209.
3) On August 12, 2019, after the expiration of the lease management period with Defendant C on behalf of the Defendant C on August 26, 2019, H agreed to pay interest for delay to the Defendant C, recognizing that the above lease deposit with respect to the instant real estate was received on behalf of the Defendant C, and that it was not performed despite having to transfer it to the Defendant C.
B. According to the facts of the above recognition, Defendant C, as a lessor of the instant real estate, is obligated to dispute the scope of performance obligation from December 17, 2019, the following day after the Plaintiff’s eviction date, to the Plaintiff, as the lessee, to pay damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment.
In relation to this, the defendant C claims that the above rental deposit should be returned only H, but the defendant C bears the above rental contract.