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1. Defendant B’s KRW 30,000,000 as well as 5% per annum from July 14, 2017 to September 26, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 23, 2016, the Plaintiff entered into a lease agreement with Defendant B, as to part 46 square meters (hereinafter “instant building”) of one story of the multi-family house owned by D, Seodaemun-gu Seoul and F, Seoul, and the unit house on the ground (hereinafter “instant building”), under which the lease contract was concluded between D’s agent and Defendant B, for the deposit of KRW 60 million (the deposit amount of KRW 10 million shall be paid on the contractual date, and the remainder of KRW 50 million shall be paid on September 27, 2016), and for the lease period from September 27, 2016 to September 26, 2018.
(hereinafter “instant lease agreement”). B.
Defendant C is a licensed real estate agent who has arranged the instant lease contract, and Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) is an insurer who has concluded an insurance contract for authorization and permission for real estate brokerage with Defendant C.
C. However, even though the Plaintiff paid the remainder to Defendant B, Defendant B did not deliver the instant building to the Plaintiff, the Plaintiff and Defendant B, under the confirmation by Defendant C on September 29, 2016, delivered the instant building to the Plaintiff by September 30, 2016. If the Plaintiff fails to perform the payment, the Plaintiff shall be paid KRW 67 million including penalty and damages, and the amount of KRW 17 million out of the payment shall be paid on September 30, 2016, and the remainder of KRW 50 million shall be confirmed by the bank on the same day.
(hereinafter “The First Agreement”) D.
Since then, as the first agreement is not observed, the Plaintiff and Defendant B agreed on October 4, 2016, that the Plaintiff would not receive penalty of KRW 7 million if Defendant B paid the Plaintiff KRW 30 million out of the lease deposit of KRW 60 million until October 4, 2016, and that the remainder of KRW 30 million shall be paid on October 31, 2016.
(hereinafter referred to as “the second agreement”). E.
However, according to the instant second agreement, Defendant B paid only KRW 30 million to the Plaintiff, but did not return the remainder of KRW 30 million to the Plaintiff on November 16, 2016.