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1. Defendant B shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from February 9, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. On May 14, 2015, the Plaintiff entered into a sub-lease contract (hereinafter “the sub-lease contract of this case”) with Defendant B, setting the lease deposit amount of KRW 40 million and KRW 300,000,000 in monthly rent, which is a public rental housing unit owned by the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) and received a receipt of KRW 20,000,000 from Defendant B (Evidence No. 1) as part of the lease deposit. At that time, Defendant C, the husband of the Defendant B, was not present at that time.
B. Around May 2015, the Plaintiff paid KRW 2 million to Defendant B in cash, and remitted the remainder amount of KRW 18 million to the account in the name of Defendant C designated by Defendant B on May 27, 2015.
C. Nonparty Corporation demanded the Plaintiff to deliver the instant rental apartment on the ground of the illegality of the instant rental apartment, and on December 17, 2017, the Plaintiff transferred the instant rental apartment to Nonparty Corporation.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the facts of recognition as to the claim against Defendant B, the above sub-lease contract concluded between the Plaintiff and Defendant B is concluded on December 17, 2017 by the Plaintiff’s delivery of the above sub-lease apartment to the Non-Party Corporation. As such, Defendant B is obligated to pay to the Plaintiff the lease deposit amounting to KRW 40 million due to restitution due to the termination of the sub-lease contract in this case, and damages for delay calculated at the rate of 15% per annum as requested by the Plaintiff from February 9, 2018 to the day of full payment, as sought by the Plaintiff.
[A] Defendant B, via a preparatory document dated May 31, 2018, received KRW 20 million out of the lease deposit to the Plaintiff (A.) through Defendant B’s receipt of KRW 20 million of the lease deposit (hereinafter “B”).