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1. The Defendant’s KRW 57,352,381 to the Plaintiff is 5% per annum from June 6, 2014 to April 30, 2015.
Reasons
1.The following facts of recognition do not conflict between the Parties:
Around November 2012, the Plaintiff requested the Defendant, who had operated real estate brokerage business, to lease a lease contract for the c apartment 320 Dong 102 (hereinafter “C apartment”) owned by the Plaintiff, and to mediate the lease contract for the D apartment 203 Dong 1704 (hereinafter “D apartment”) in the militaryposi-si where the Plaintiff is residing.
B. On December 26, 2012, after the Plaintiff leased a C Apartment to E as a broker by the Defendant, the Plaintiff asked the Defendant to receive KRW 59,000,000 in lieu of the remainder of the rental deposit, and the Defendant did not deliver the said money to the Plaintiff even after receiving the said money.
C. The Plaintiff received proposals from the Defendant to arrange for the lease of D Apartments amounting to KRW 55,00,000, monthly rent of KRW 300,000 and paid KRW 54,000,000 to the lessor (the Plaintiff paid KRW 1,00,000 out of the money in the above paragraph (b)) while delivering the lease deposit to the lessor. However, the Defendant did not notify the Plaintiff of the lease deposit amounting to KRW 15,00,00, monthly rent of KRW 700,00 in its name after the Plaintiff’s death. The Plaintiff did not return the said KRW 54,00,000 to the Plaintiff.
2. According to the above facts, the defendant, who refused to refund KRW 59,00,00,00 which was kept on behalf of the plaintiff and embezzled, and received KRW 54,00,000 from the plaintiff by deceiving the plaintiff and received KRW 54,00,000 as lease deposit, thereby causing damage equivalent to KRW 113,00 (= KRW 59,000,000) in total to the plaintiff (= KRW 54,000,000). The defendant deducted KRW 55,647,619, who was paid to the plaintiff from the amount of damages, and deducted KRW 57,352,381 (=13,00,000-5,647,619), and each of the above illegal acts thereafter, until June 6, 2014 through June 35, 2015, the following day after the delivery of a copy of the complaint of this case, as requested by the plaintiff.