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1. Defendant B shall pay to the Plaintiff KRW 45,00,000 as well as 20% per annum from January 24, 2015 to the date of full payment.
Reasons
1. Basic facts
A. On August 11, 201, the Plaintiff entered into a lease agreement with Defendant B on the lease period of KRW 75.4 square meters on the pertinent 1st floor D 1st, 201 through October 9, 2013 (hereinafter “instant lease agreement”) between October 10, 201 and October 9, 201, and then transferred the deposit amount of KRW 60 million to Defendant C’s bank account, an infant of Defendant B, for four times.
B. On November 28, 2014, the Plaintiff decided to terminate the instant lease agreement with Defendant B, and returned KRW 15 million out of the lease deposit from Defendant B, and delivered the leased house to Defendant B on December 9, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. According to the above facts and the purport of the entire pleadings, the instant lease agreement was lawfully terminated between the Plaintiff and the Defendant around December 9, 2014, and barring any special circumstance, Defendant B is obligated to return the lease deposit (=60 million won - 15 million won) not yet returned to the Plaintiff, barring any special circumstance.
B. Defendant B’s assertion that Defendant B’s refund of KRW 9 million on October 23, 2014, as well as KRW 15 million on November 28, 2014, Defendant B claimed that the remainder of the lease deposit (i.e., KRW 6 million - KRW 9 million - KRW 15 million) is nothing more than KRW 36 million.
The fact that Defendant B remitted KRW 9 million to the Plaintiff on October 23, 2014 is no dispute between the parties.
However, the following circumstances, i.e., the Plaintiff loaned KRW 9 million to Defendant B on March 26, 2012, and the Plaintiff asserts that Defendant B was paid the loan of KRW 9 million on March 26, 2012, and that Defendant B was paid the loan of KRW 9 million on October 23, 2014; ② Defendant B was invested not by the Plaintiff but by the Plaintiff’s husband E on October 23, 2014.