임대차보증금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 54,384,484 and the interest rate of KRW 15% per annum from August 26, 2017 to the date of full payment.
1. Basic facts
A. On March 3, 2015, the Plaintiff separately leased from the Defendants the sum of the lease deposit amount of KRW 220 million ( KRW 140 million on the ground, KRW 40 million on the ground, KRW 40 million on the ground, and KRW 10 million on the monthly rent ( KRW 50 million on the ground, KRW 3 million on part of KRW 40 million on the ground, KRW 40 million on the ground, and KRW 40 million on the ground), from March 20, 2015 to March 19, 2017, among the real estate listed in the attached Table from the Defendants on March 3, 2015.
(hereinafter referred to as “the lease of this case”) B.
around that time, the Plaintiff paid the Defendants the lease deposit amount of KRW 220 million, and received the instant real estate from the Defendants, and operated a studal wals of the trade name “G” with Nonparty F as joint business operators from the said real estate.
C. On April 19, 2017, the Plaintiff handed over the instant real estate to the Defendants. The Defendants were returned KRW 90 million out of the said lease deposit.
On the other hand, on June 7, 2017, F obtained a decision on provisional seizure of claims (Seoul Eastern District Court 2017Kadan51285, hereinafter “instant provisional seizure order”) with the amount of claims for reimbursement equivalent to KRW 35,688,620 against the Plaintiff and claims for provisional seizure of the lease deposit of this case until the above claims are claimed, among the claims for reimbursement of the lease deposit of this case. The said decision was served on the Defendants around August 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence No. 1, 2, 3, Eul evidence No. 8-1, Eul evidence No. 13, and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff asserts that the Defendants jointly and severally claim that the Plaintiff should return KRW 5,166,67, which remains after deducting KRW 94,833,33 of the lease deposit that the Defendants returned to the Plaintiff from KRW 22,00,000,000,000,000 for the lease deposit of this case and KRW 74,833,333 of the Plaintiff’s delay in payment. The Defendants’ assertion as to this.