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1. The Defendants jointly and severally agreed to the Plaintiff KRW 33,700,000 and 5% per annum from March 15, 2015 to September 15, 2015.
Reasons
1. Basic facts
A. On November 13, 2007, the Plaintiff entered into a lease agreement between E and the Defendants on the lease deposit amounting to KRW 40 million, monthly rent amounting to KRW 50,000,000, and the lease period of November 15, 2007 between E and E, a residential building owned by the Defendants, which is a residential building, and KRW 103,00,000,000,000,000,000,000 won and KRW 50,000,000,000,000,000,000,000.
B. After the expiration of the instant lease agreement, the Plaintiff continuously used the instant building and notified the Defendants of the termination of the agreement on February 2014. On December 12, 2014, the Plaintiff sent to the Defendants a certificate of the following: (a) again, the Plaintiff sent to the Defendants a certificate: (b) that “procedly renewed the instant lease agreement and sought the return of the lease deposit.”
C. On February 6, 2015, the Plaintiff filed an application for the order of lease registration of housing with the Seoul Central District Court 2015Kaman652, and received a decision to issue a registration order on February 6, 2015, and delivered the instant building to the Defendants on March 14, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above facts of determination, the instant lease was explicitly renewed, and three months have passed since the Plaintiff notified the Defendants of the termination of the instant lease agreement.
Therefore, the Defendants are jointly and severally liable to the Plaintiff for a deposit of KRW 4.5 million and the remaining lease deposit of KRW 33.7 million after deducting the unpaid rent of KRW 1.8 million (in the absence of any dispute) from the Plaintiff, and as to this, from March 15, 2015, the following day after the Plaintiff delivered the building of this case to the Defendants, to the extent of the Defendants’ performance obligation is disputed, at the rate of 5% per annum as prescribed by the Civil Act from September 15, 2015, which is the date of the instant judgment, and 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.