1. Of the judgment of the first instance, the part against Defendant C and D shall be revoked, and each of the Plaintiff’s claims against Defendant C and D shall be filed.

1. Basic facts

A. On May 18, 2015, the Plaintiff entered into a lease agreement with Defendant B Co., Ltd. (Defendant C is the representative director) and Goyang-si E building F, Goyang-si with a deposit of KRW 45,00,000, and the term of lease from May 18, 2015 to August 24, 2015.

B. On May 30, 2016, Defendant B agreed to return KRW 38,000,000 in the balance of deposit to the Plaintiff by August 15, 2016, but failed to comply with the agreement. On October 12, 2016, Defendant B again agreed to return KRW 38,000,000 until December 31, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-2, the purport of the whole pleadings

2. Determination as to the claim against Defendant B

A. According to the facts acknowledged earlier, Defendant B is obligated to pay to the Plaintiff 38,000,000 won and the amount calculated by each of the 15% annual interest rate prescribed by the Civil Act from January 1, 2017 to December 12, 2017, the delivery date of a copy of the complaint in this case, and the 15% annual interest rate prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

B. Defendant B appealed against the judgment of the first instance against which the judgment of the court of first instance was rejected, but on November 14, 2019, Defendant B appeared at the second date for pleading and stated that there was no reason for appeal.

Therefore, Defendant B’s appeal is without merit.

3. Determination as to the claim against Defendant C and D

A. The representative director of Defendant B, who asserted by the Plaintiff, is Defendant C, and in-house directors are Defendant D.

Defendant C and Defendant D agreed to pay the balance of the deposit to the Plaintiff up to December 31, 2016, and thus, they are obligated to perform this.

In addition, Defendant B Co., Ltd. is the same as the personal business operators operated by Defendant C and D, and Defendant D will perform the obligation to pay the balance of the deposit to the Plaintiff when it was written by Defendant B to the Plaintiff as a quasi-performance agent.