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1. Defendant B’s KRW 108,000,000 as well as 5% per annum from August 7, 2014 to August 17, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. D, the plaintiff and his spouse, are co-owners of Kimpo-si, 309 Dong 1001.
On June 28, 2011, the Plaintiff entered into a lease agreement with Defendant B by setting the lease deposit as KRW 130 million with respect to the above apartment, and the said lease agreement was extended until July 29, 2015.
(hereinafter referred to as “instant lease agreement”). (b)
Defendant B paid KRW 130 million to the Plaintiff by July 29, 2011. Defendant B borrowed KRW 90 million from a new bank in the same day, and Defendant B created a pledge to pay KRW 18 million to the Plaintiff regarding the claim for refund of the lease deposit against the Plaintiff.
The notification of the establishment of the pledge by the certificate with the fixed date was received by the employee F of the plaintiff.
C. Around July 2014, the Plaintiff and Defendant B agreed to terminate the instant lease agreement. The Plaintiff’s spouse D transferred the lease deposit amount to Defendant C’s account, the spouse of Defendant B, KRW 13 million on July 3, 2014, KRW 117 million on August 6, 2014, and KRW 130 million on a total.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Gap evidence No. 10, the purport of the whole pleadings
2. Determination as to the cause of action
A. 1) The Plaintiff’s assertion regarding the claim against Defendant B: (a) Defendant B, who established the pledge right against the claim for the refund of the lease deposit, had no right to receive the refund of the said deposit; and (b) Defendant B had the obligation to pay the Plaintiff the lease deposit amount of KRW 130 million with the compensation for damages and the compensation for damages incurred therefrom; (c) Defendant B received the lease deposit without the right to receive the lease deposit with the Plaintiff, as alleged by the Plaintiff; and (d) Defendant B received the lease deposit even though there was no right to receive the lease deposit with the lease deposit established by the Plaintiff, the Defendant B is liable to compensate the Plaintiff for damages
However, as seen earlier.