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The Defendants jointly share KRW 135,00,000 with respect to the Plaintiff and Defendant B from October 9, 2018 until January 28, 2020.
Reasons
1. The Plaintiff, in fact, sub-leaseed Defendant B’s D Apartment E (hereinafter “instant real estate”) the sub-lease deposit of KRW 150,00,000 and the sub-lease period from August 31, 2015 to August 30, 2018, and paid the said deposit to Defendant B on the same day.
On October 8, 2018, the Plaintiff used the instant real estate upon delivery, and delivered the instant real estate to the Korea Land and Housing Corporation, a lessor, and the Defendants agreed to pay KRW 150,000,000 to the Plaintiff on the same day.
[Ground for recognition] Defendant B: The fact that there is no dispute, Gap evidence Nos. 1 through 3, the purport of the whole pleadings, and the purport of the whole pleadings.
2. Since the instant sub-lease contract was terminated on October 8, 2018, the Defendants are jointly obligated to pay to the Plaintiff the amount of KRW 135,00,000 of the sublease deposit that the Plaintiff seeks, and the amount of KRW 135,00,000 from October 9, 2018 to January 28, 2020, which is the delivery date of the copy of the instant complaint, Defendant B, and Defendant C, which is the delivery date of the copy of the instant complaint, to June 17, 2020, are 5% per annum as prescribed by the Civil Act and 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the full payment date.
As to this, Defendant C was known to be an illegal electric unit due to the Plaintiff’s failure to cooperate, and the lease contract between the Defendants and the Korea Housing Corporation was terminated, and the Defendants were forced to lose their eligibility to subscribe for a house and forced to withdraw, so the Defendants alleged that they suffered damages due to the Plaintiff, but the materials submitted by Defendant C alone are insufficient to recognize this, and there is no other evidence to acknowledge this
3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.