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1. The Plaintiff:
A. Defendant C shall pay KRW 55,00,000 and interest rate of KRW 15% per annum from March 1, 2018 to the date of complete payment.
Reasons
1. On December 15, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C, a licensed real estate agent, setting the lease deposit amount of KRW 5 million as to No. 302 among the buildings located in Defendant C and C (hereinafter “instant building”).
As of the closing date of pleadings, the minimum sale price of the building of this case is KRW 482,166,00, and the total amount of the secured claim is set up in the building of this case with the right to collateral security of KRW 494,00,000, and the lease deposit of senior lessee is KRW 390,000,000.
[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings
2. Determination
A. The Defendant C, at the time of concluding the instant lease agreement, did not explain to the Plaintiff as to the secured debt of the right to collateral security established on the instant building or the obligation to return the lease deposit of another lessee. If Defendant C notified the Plaintiff of the fact that it has no ability to, or is highly likely to, refund the lease deposit, the Plaintiff did not enter into the instant lease agreement. Considering the current minimum sale price of the instant building, the secured debt of the right to collateral security, and the lease deposit of senior lessee, etc., the Plaintiff cannot be entitled to receive the payment of the lease deposit in the distribution procedure of the instant building. Accordingly, Defendant C breached the obligation to notify the Plaintiff of the fact that it breached the obligation to the Plaintiff under the good faith principle. Accordingly, Defendant C is liable to pay damages calculated at the rate of 15% per annum from March 1, 2018 to the date of the delivery of a copy of the instant complaint, and damages for delay calculated at the rate of 15% per annum from March 1, 2018 to the date of full payment.
B. Claim against Defendant B 1.