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(영문) 대전지방법원 천안지원 2021.01.22 2020가합104814

임대차보증금

Text

Defendant B and C jointly share KRW 65,000,000 to the Plaintiff, and Defendant B from February 29, 2020 to the Plaintiff, and Defendant C on February 20, 2020 to the Plaintiff.

Reasons

Defendant B and C’s primary claim

A. On January 3, 2018, Defendant C delegated Defendant C’s agent “H” with the authority related to the lease of real estate under the name of “H”, and the Plaintiff entered into a lease agreement with Defendant B by setting the deposit amount of KRW 65,00,00,00 for the instant real estate from Defendant C to March 14, 2018 to March 13, 202, with the terms and conditions that the Plaintiff shall lease the instant real estate from Defendant C by setting the lease agreement (hereinafter the instant lease agreement) as a deposit amount of KRW 65,00,00,000 and the period from March 14, 2018 to March 13, 2020.

The instant lease agreement stipulates that the Plaintiff shall pay the security deposit to the account in the name of Defendant B, and that “the liability for the return of the security deposit shall be borne by the Plaintiff” H.

“The terms and conditions of the instant special agreement (hereinafter referred to as the “instant special agreement”) set forth therein.

The Plaintiff paid KRW 65,00,000 to the account in the name of Defendant B pursuant to the instant lease agreement.

Since the lease contract of this case terminated upon the expiration of the term, Defendant C, a lessor, is obligated to pay the Plaintiff a deposit of KRW 65,000,000,000, and Defendant B is obligated to pay the Plaintiff a deposit of KRW 65,000,000 according to the terms of the contract of this case.

Therefore, Defendant B and Defendant C are jointly obligated to pay damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day immediately following the day of transmission of the copy of the complaint of this case to the day of full payment.

(b) Judgment deemed a confession (Article 208 (3) 2 of the Civil Procedure Act)

2. Preliminary claim against the Defendants

(a)as shown in the reasons for the attachment of the claim;

(b)the primary claim;