beta
Text
1. Defendant B’s KRW 50,000,000 per annum for the Plaintiff and 5% per annum from August 21, 2014 to March 31, 2015.
Reasons
1. Plaintiff’s claim against Defendant B
A. Claim No. 1) Defendant B is delegated by the Plaintiff with the duties of entering into an apartment lease agreement, and on May 20, 2014, the real estate listed in the separate sheet No. C (hereinafter “instant apartment”).
) A lessee entered into a contract for lease deposit of KRW 50,000,000, monthly rent of KRW 3,600,000, and the lease period of KRW 20 from June 2, 2014 to June 1, 2015 (hereinafter “instant lease contract”).
(2) However, on August 20, 2014, the Plaintiff requested the Defendant B to terminate the instant lease agreement. Defendant B terminated the instant lease agreement with C and was returned KRW 50,000,000 from C.
3) However, Defendant B embezzled the lease deposit returned by Defendant B without paying it to the Plaintiff. 4) If so, Defendant B is obligated to pay to the Plaintiff damages amounting to KRW 50,00,000 for tort damages, and damages for delay at the rate of 5% per annum as stipulated in the Civil Act from August 21, 2015 to March 31, 2015, the day following the termination date of the instant lease contract, to March 31, 2015; 20% per annum from the next day to September 30, 2015; and 15% per annum from the next day to the day of full payment (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, Etc. (the statutory interest rate shall apply from October 1, 2015 to 15).
(b) Applicable provisions of Acts: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);
2. Plaintiff’s claim against Defendant A
A. 1) Determination as to the assertion of violation of jurisdiction
① Alternatively against the Plaintiff, the instant lease contract was terminated pursuant to the business entrustment agreement between the Plaintiff and the Defendant Company, and thus, the Plaintiff seeks to pay KRW 50,000,000, which was returned by C according to the instant business entrustment agreement.