beta
Text
1. The Plaintiff:
A. Defendant A’s KRW 42,750,00 and for this, 5% per annum from October 31, 2019 to May 29, 2020.
Reasons
1. Determination as to the cause of claim
A. Between D and D on March 28, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C and C during the period from April 25, 2017 to April 25, 2019 with respect to the lease deposit amounting to KRW 75,00,000,000, and the term of lease from April 25, 2017 to April 25, 2019, and C transferred the Plaintiff the right to claim the return of the lease deposit under the instant lease agreement to D and notified D of this fact on April 18, 2017.
B. D did not refund the lease deposit to C even though the contract term of the instant lease agreement expired, and upon C’s request for the performance of the guaranteed obligation to the Plaintiff, the Plaintiff paid KRW 71,250,000 to C on October 30, 2019.
C. On the other hand, D died on July 5, 2019, and D had the Defendant A and his/her spouse as the inheritor.
(A) Defendant G, among children, renounced the inheritance of D’s property)
2. According to the above facts of determination, Defendant A is liable to the Plaintiff for delay calculated at the rate of 42,750,000 won (i.e., KRW 71,250,000 x KRW 3/5 in inheritance) and to delay damages calculated at the rate of 5% per annum as prescribed by the Civil Act from October 31, 2019 to May 26, 2020, the day following the date when the application for modification of the purport of claim was served on Defendant A, for which May 29, 2020, and 12% per annum as prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings until the day after the day of full payment (i.e., KRW 71,250,000 x KRW 2/5 in inheritance) and the day following the date when the application for modification of claim was served on Defendant A; and (ii) the amount of delay damages calculated at the rate of 25% per annum from October 31, 2019 to May 26, 2019.
3. Thus, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.