1. The Defendants are jointly and severally liable to the Plaintiff for KRW 106,230,136 and KRW 100,000,000 among them.

Facts of recognition

On August 14, 2013, the Plaintiff entered into a real estate lease agreement with Defendant B, setting the lease deposit of KRW 200,000,000, and the period from September 16, 2013 to September 15, 2015, the Plaintiff occupied the instant real estate after paying KRW 200,000,000 to Defendant B.

(hereinafter “instant lease agreement”). As Defendant B’s mother, Defendant C performed various affairs on behalf of Defendant B, such as negotiations on terms and conditions of the instant lease agreement and the seal of lease agreement on behalf of Defendant B.

Upon the expiration of the term of the instant lease agreement, Defendant C returned KRW 100,000,000 out of the lease deposit to the Plaintiff, and Defendant C, on September 15, 2015, set the loan certificate as borrowing KRW 100,000,000 from the Plaintiff on September 15, 2015, the expiration date of the term of the lease, with the interest rate of KRW 1% per month.

Defendant C paid 12,00,000 won for delay damages for 12 months from September 15, 2015 to September 14, 2016 to the Plaintiff on August 29, 2016, but it did not pay damages for delay after September 15, 2016.

[Grounds for recognition] There is no dispute. According to the facts of the above recognition of Gap's evidence Nos. 1 through 6 and the purport of the whole pleadings, it is recognized that defendant C acquired the obligation to return the lease deposit of KRW 100,000,000 against the plaintiff of defendant C concurrently, and it is agreed to pay in addition to the damages for delay calculated at the rate of 12% per annum until the above lease deposit is returned.

Therefore, the Defendants jointly and severally with the Plaintiff KRW 100,00,000,000, which was paid to the Plaintiff from September 15, 2016, to March 22, 2017, when the original copy of the instant payment order was served on the Defendants, with the total of KRW 6,230,136 (x 12%x 12%x (6/127/365) and KRW 106,230,136, and deposit KRW 100,000 among them, the original copy of the instant payment order is against the Defendants.