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(영문) 서울중앙지방법원 2020.12.10 2020가단8720
구상금 청구의 소
Text

The Defendants jointly and severally agreed with the Plaintiff KRW 120,000,000, and 5% per annum from January 12, 2020 to March 16, 2020.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 through 8, the following facts and the following facts. In other words, the Defendants concluded a lease agreement (hereinafter “instant lease agreement”) to lease Nos. 8 of Gangseo-gu Seoul Metropolitan Government F Building No. 8 to E (hereinafter “F Building”) from March 11, 2019 to March 10, 2021. The Defendants and E agreed to terminate the instant lease agreement on September 17, 2019. The Defendants leased the instant real estate to a third party and received the lease deposit on October 14, 2019, but did not refund the lease deposit under the instant lease agreement to E.

2. According to the above facts of determination as to the cause of the claim, the Defendants did not refund the lease deposit to E unless the lease contract of this case was concluded halfway, but did not refund it. Accordingly, the Plaintiff paid the lease deposit of KRW 120,000,000, which is within the coverage of the purchase amount of insurance in accordance with the lease deposit security credit insurance contract, to E as the lessee. As such, the Defendants are obligated to pay damages for delay calculated at each rate of 5% per annum under the Civil Act from January 12, 2020 to March 16, 2020, which the Plaintiff claimed after the payment date of insurance money, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition by the assent of all participating Justices.

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