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1. Defendant B’s KRW 180,000,000 as well as 5% per annum from December 17, 2019 to April 9, 2020, respectively, to the Plaintiff.
Reasons
1. Determination as to the claim against the defendant B
A. The facts of recognition 1) Defendant C, who represented Defendant B, on January 21, 2017, on behalf of the Plaintiff, was D Apartment E (hereinafter “instant apartment”) in Jinnam-do, Jinnam-do (hereinafter “instant apartment”).
(2) The Plaintiff and the Defendants agreed to pay KRW 190,00,000, and the term of the lease from February 18, 2017 to February 17, 2019. The Plaintiff paid KRW 190,00,000 to the Defendant B around that time. (2) The lease agreement concluded between the Plaintiff and the Defendants with respect to the instant apartment was terminated on February 17, 2019 without renewal.
The plaintiff delivered the apartment of this case to the defendant B, but the defendant B failed to return the deposit amount of KRW 190,000,000.
On March 5, 2019, Defendant C who represented Defendant B paid KRW 10,000,000 out of the deposit to the Plaintiff, and agreed that the remaining deposit KRW 180,000,000 will be refunded until October 31, 2019.
B. According to the above facts of determination, Defendant B, a lessor, is obligated to pay to the Plaintiff, a lessee, delay damages calculated at each rate of 12% per annum under the Civil Act from December 17, 2019 to April 9, 2020, which is the day following the day when a copy of the complaint was served on the Plaintiff, for the amount of KRW 180,000,000, out of the amount of the lease deposit, and for the amount of delay damages calculated at each rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the day when a copy of the complaint is served.
Although Defendant B asserted that he agreed with the Plaintiff on the date of repayment of deposit more than that of Defendant B, there is no evidence to acknowledge this, the above assertion by Defendant B is without merit.
2. The Plaintiff asserts that Defendant C agreed with Defendant C to pay KRW 180,000,00 to the Plaintiff jointly and severally with Defendant C.
However, even if examining the documentary evidence submitted by the Plaintiff, it can be recognized that Defendant C bears joint and several obligations against the Plaintiff.