임차보증금반환
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 75,00,000 and 5% per annum from September 18, 2014 to January 12, 2015.
1. Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claim No. 1, the Plaintiff entered into a lease contract with the Defendants on March 30, 2010, under which the lease deposit amount is KRW 70 million, and the lease deposit is set from April 27, 2010 to April 26, 2012 (hereinafter referred to as the “lease”) with the term of KRW 75 million, and the term of the lease is changed to October 6, 2013, and the Plaintiff thereafter, on September 17, 2014, delivered the instant house to the Defendants on September 17, 2014.
According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 75 million won of the lease deposit of this case as well as damages for delay at each rate of 5% per annum under the Civil Act from September 18, 2014 to January 12, 2015, which is the delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
2. Judgment on the defendants' assertion
A. As to the assertion of repair cost, the Defendants asserted that the Plaintiff cannot pay the instant lease deposit to the Plaintiff, since the Plaintiff’s damage to the instant house and repair cost was spent at least KRW 30 million. However, the Plaintiff destroyed the instant house only with the descriptions and images of the evidence Nos. 5, 13, 14, 17, 18, and 22.
It is not sufficient to recognize that a maximum of KRW 30 million was disbursed at its repair cost or at its repair cost, and there is no other evidence to acknowledge this otherwise, so the above assertion by the Defendants is without merit.
B. In addition, the Defendants cannot pay the instant lease deposit to the Plaintiff, since they transferred the instant lease deposit claim to the new Hank Capital Co., Ltd. (hereinafter “new Capital Co., Ltd.”).