손해배상(기)
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The plaintiffs asserted that Geumcheon-gu Seoul Metropolitan Government D and 1st floor store (hereinafter "the store of this case") shared 1/2 shares of each of the 1/2 shares, and on April 15, 2010, the lease contract was concluded between the defendant and the store of this case by setting the lease deposit amount of KRW 50,000,000, the rent of KRW 2,500,000, and the lease term of April 15, 2010 from April 15, 2010 to April 15, 2012. The above lease contract was explicitly renewed.
On November 2014, the plaintiffs expressed their intent to refuse renewal to the defendant, and requested the delivery of the store of this case to the defendant, and the defendant consented and paid 5,000,000 won out of the lease deposit to the defendant.
However, the defendant, who refused to deliver the store of this case, filed a lawsuit against the plaintiffs to claim the return of the lease deposit.
In the first instance of the lawsuit above, the defendant partly won, and the plaintiffs appealed (Seoul Southern District Court 2016Na3527), and the above appellate court shall jointly pay 26,00,000 won to the defendant until July 21, 2017. If the plaintiffs fail to pay the above amount by the payment date, the damages for delay calculated at the rate of 15% per annum from the day following the payment date to the day of full payment. The defendant waives the rest of the claims. The total costs of the lawsuit were to be borne by each party, and the decision of recommending reconciliation was finalized around that time.
On July 21, 2017, the Plaintiffs intended to pay KRW 26,000,000 to the Defendant under the above Reconciliation Recommendation Decision. However, the Defendant refused to pay the said money upon demanding additional money and deposited the said money. The Defendant recovered the said money on July 28, 2017.
The Defendant is the Seoul Southern District Court 2015Kadan3046 on the real estate listed in the separate sheet (hereinafter “the instant building”) owned by the Plaintiffs before filing a lawsuit against the Plaintiffs to claim for the return of the lease deposit.