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(영문) 수원지방법원 2019.11.28 2019가단5280

전세보증금반환

Text

1. The Defendants jointly share KRW 50,000,000 with respect to the Plaintiff and 5% per annum from May 18, 2017 to March 13, 2019.

Reasons

1. Facts of recognition;

A. On May 9, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendants on May 9, 201, setting the lease deposit amounting to KRW 50 million and the lease deposit period from May 20, 201 to May 20, 201, with respect to the instant real estate D and E (hereinafter “instant real estate”). At that time, the Plaintiff received the instant real estate by paying the lease deposit to the Defendants.

B. Since then, the instant lease agreement was implicitly renewed, and around October 28, 2016, the Plaintiff notified the Defendants of the termination of the instant lease agreement, and the said notification reached the Defendants around that time.

C. The Plaintiff delivered the instant real estate to the Defendants on May 17, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. According to the facts found in the determination as to the cause of the claim, the instant lease agreement was terminated at the expiration of the term, and the obligation to refund the lease deposit by a joint lessor constitutes an indivisible obligation by nature (see Supreme Court Decision 98Da43137, Dec. 8, 1998). The Defendants are jointly obligated to pay to the Plaintiff the lease deposit amounting to KRW 50,000,000,000 from May 18, 2017 to March 13, 2019, the delivery date of the copy of the instant complaint from May 13, 2019 to March 13, 2019, the amount of delay damages calculated at the rate of 12% per annum as stipulated in the Civil Act.

3. If so, the plaintiff's claim against the defendants is reasonable, and it is so decided as per Disposition by the assent of all.