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1. Defendant B’s 31,00,000 won and the interest rate of 20% per annum from March 19, 2015 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a person who, on February 27, 2013, leased the studio listed in the attached Table (hereinafter “instant studio”) from Defendant B, the owner of the building on the fourth floor of the 4th floor urban-type residential house (hereinafter “instant building”). Defendant C is a licensed real estate agent who arranged the above lease agreement, and Defendant Korea Licensed Real Estate Agent Association is a mutual aid business entity which entered into a mutual aid agreement within the scope of KRW 100 million with Defendant C on the damages incurred from a brokerage accident.
B. On February 27, 2013, the Plaintiff leased the instant studio from Defendant B to Defendant C without monthly rent of KRW 50,000,000 as a broker of Defendant C.
(hereinafter “instant lease agreement”). C.
At the time of the conclusion of the instant lease agreement, joint collateral security was established with regard to the 12 loans (including the studio in this case) of the instant building, as the mortgagee, each of the maximum debt amount of which was KRW 273,00,000 (No. 100763, Oct. 23, 2012), 182,00,000 (No. 100764, Oct. 23, 2012) with the mortgagee of the right to collateral security as the creditor of the right to collateral security.
(hereinafter “each of the instant mortgage”). D.
As Defendant B did not repay the secured obligation of each of the instant mortgages, the anti-monthly Credit Union, a mortgagee, filed an application for voluntary auction with the Suwon District Court for the commencement of the auction with respect to the instant studio and the instant building Nos. 201, 203, 204, 302, and 304, etc., and on January 9, 2014, the decision to commence voluntary auction was issued with the Suwon District Court’s Ansan Branch E, and on September 18, 2014, the instant studio was sold to F for voluntary auction.
E. On October 17, 2014, the Plaintiff received dividends of KRW 19,006,820 as a small lessee on the date of distribution of the studio auction procedure of this case.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination as to the claim against the defendant B