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(영문) 서울중앙지방법원 2019.08.21 2018가합530108

보증금반환

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1. The Defendants jointly committed against the Plaintiff KRW 1,320,00 and KRW 1,120,20 among them, as from June 13, 2018, and as from June 13, 199.

Reasons

1. Basic facts

A. On May 3, 2016, the Plaintiff entered into a contract with the Defendants to lease the Gangnam-gu Seoul Metropolitan Government D Building E (hereinafter “instant real estate”) (hereinafter “instant lease contract”) with the deposit for lease KRW 400,000,000, and the term of lease from May 4, 2016 to May 3, 2018 (hereinafter “instant lease contract”).

B. Around that time, the Plaintiff paid KRW 400,000,000 to the Defendants as lease deposit, and the Defendant delivered the instant real estate to the Plaintiff.

C. On March 2018, the Defendants demanded the Plaintiff to increase the lease deposit amount of KRW 40,000,000 in KRW 40,000. On March 29, 2018, the Plaintiff notified the Plaintiff that the instant lease contract should not be renewed.

On May 3, 2018, the Plaintiff delivered the instant real estate to the Defendants, but the Defendants did not immediately refund the deposit amount of KRW 400,000,000 to the Plaintiff.

E. Since May 31, 2018, the Defendants deposited KRW 400,000,000 with the deposited person as the Plaintiff as Seoul Eastern District Court No. 1767 in 2018 (hereinafter “instant deposit”). On June 5, 2018, the Plaintiff reserved an objection and received the said deposit.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, 6, Eul evidence 1 (including branch numbers), the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that the Plaintiff was scheduled to receive the refund of the lease deposit from the Defendants, but the Defendants received KRW 414,000,000 from the F Co., Ltd. (hereinafter “F”) in order to inevitably prepare the lease deposit for a new lease agreement by delaying the return of the lease deposit, and paid the loan interest and the redemption fee.

Therefore, the Defendants should compensate the Plaintiff for KRW 400,000 among the above loans, i.e., the Plaintiff’s damages (i., the loan interest of KRW 1,320,000 and the redemption commission of KRW 4,085,245, supra, until June 4, 2018.

B. Judgment 1 of this case