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1. The plaintiff A:
A. Defendant C’s KRW 30,000,000 and for this, KRW 15% per annum from June 1, 2018 to May 31, 2019.
Reasons
【Claims against Defendant C】
1. Indication of claims: To be as specified in attached Form 1;
2. Judgment by public notice: Article 208 (3) 3 of the Civil Procedure Act.
3. According to the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings in the dismissed Part (amended by Presidential Decree No. 29768, May 21, 2019), the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is 12% per annum from June 1, 2019, and thus, the part of the claim for damages for delay seeking payment exceeding 12% per annum from June 1, 2019 is rejected.
【Claims against Defendant D and E】
1. Basic facts
A. Although Defendant C, while mediating the conclusion of a lease agreement between Plaintiff A and the lessor regarding F building G in Yangsan-si, was actually entrusted by the lessor to enter into the lease agreement between the lessor and KRW 1 million per month of rent, Defendant C entered into the lease agreement on behalf of the lessor at the H Licensed Real Estate Agent Office on June 1, 2016 with the Plaintiff as KRW 30 million on behalf of the lessor.
Plaintiff
A, upon Defendant C’s request, wired KRW 10 million to Defendant D’s account on June 1, 2016, and Defendant C received KRW 20 million from the former lessor of the Plaintiff on behalf of the Plaintiff.
Accordingly, the plaintiff A paid the lease deposit of KRW 30 million to the defendant C, but the defendant C did not deliver it to the lessor.
B. On February 14, 2017, Defendant C concluded a lease agreement of KRW 30 million with the Plaintiff on behalf of the Plaintiff at the H Licensed Real Estate Agent’s Office on behalf of the Plaintiff, despite having been delegated by the lessor K with a deposit of KRW 2 million, and monthly rent of KRW 300,000,000,000 from the lessor K with respect to the building J of Yangsan-si.
However, with respect to the payment of the above lease deposit, the plaintiff A and the defendant C agreed that the amount of KRW 30 million paid by the plaintiff for the above F building G shall be appropriated for the deposit money for the above I building J.
C. Defendant C is from lessor K.