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1. Defendants B, C, and D are jointly and severally liable to the Plaintiff for KRW 62,00,000 and the Defendant B from December 26, 2005 with respect thereto.
Reasons
1. On October 23, 2003, the Plaintiff: (a) on the premise that the Yeongdeungpo-gu Seoul Metropolitan Government F apartment Award leased the restaurant and the store in the first floor G Gari or in the second floor; and (b) paid the above Defendant KRW 62,00,000 as the lease deposit.
However, Defendant B did not refund the lease deposit despite the expiration of the above lease term on October 23, 2004.
As to the obligation to return the above lease deposit of Defendant B, Defendant D and E were jointly and severally guaranteed on August 21, 2005, and Defendant C were jointly and severally guaranteed on July 22, 2006.
[Reasons for Recognition] Defendant B, C: Confession, Defendant D: Each entry of evidence Nos. 1 through 4, the purport of the entire pleadings, and Defendant E: Confession
2. According to the facts stated in paragraph (1) of the claim against Defendant B, C, and D, Defendant B is jointly and severally and severally liable to pay the Plaintiff, the lessee, the lease deposit of KRW 62,00,000,00, and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act, from December 26, 2005, which the Plaintiff seeks after the due date, until the date the complaint of this case was served on the said Defendants (for Defendant B, October 31, 2014; for Defendant C, each service was served on November 21, 2014; for Defendant D, May 8, 2015).
3. According to the facts stated in paragraph (1) of the claim against Defendant E, Defendant E is jointly and severally liable with Defendant B, a lessor, to pay the lease deposit amount of KRW 62,00,000 and delay damages to the Plaintiff, a lessee, unless there are special circumstances.
As to this, Defendant E raises a defense to the effect that the Plaintiff’s claim should be dismissed because he was granted immunity, Defendant E is declared bankrupt on April 4, 2014 by Seoul Central District Court Decision 2013Hadan12402, the same year.
6. On 27. 2013, the same court received immunity from the court under 12402, and the fact that such immunity has become final and conclusive is no dispute between the parties, and the defendant E’s status.