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(영문) 서울서부지방법원 2019.11.20 2019가단11862
임대차보증금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 44,00,000 and 5% per annum from May 16, 2019 to September 2, 2019.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence 1, 2, and evidence 3-5, the defendants who leased D Apartment E from the plaintiff around December 5, 1998, around December 1, 2012, and the lease contract was concluded between the plaintiff and the lease deposit of KRW 60 million, monthly rent of KRW 2 million, and December 5, 2012 from December 5, 2012 to December 10, 2014; the defendants were liable to pay the rent of KRW 10 million from March 10, 2019 to the plaintiff as joint and several surety; the defendants are still entitled to pay the rent of KRW 50 million from May 15, 2019 to KRW 10,00 (including KRW 60,000).

According to the above facts, the defendants are jointly and severally liable to the plaintiff, and 44 million won [the above 40 million won [the above 40 million won per annum (it shall be 10 million won per annum - lease deposit 60 million won)] and 4 million won per annum as provided for in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 5, 2019 to May 19, 2019] and as to the above, the defendants are liable to pay damages for delay at the rate of 5% per annum from May 16, 2019 to September 2, 2019, clearly stating that the delivery date of the complaint of this case is the delivery date of a copy of the complaint of this case to September 2, 2019.

On March 28, 2006, the Defendants: (a) borrowed KRW 20 million out of the lease deposit from the Plaintiff and repaid it in full; and (b) entered into a lease agreement with the Plaintiff around December 5, 2006, which is KRW 80 million and KRW 2 million in monthly rent; (c) at the time of the preparation of the above payment memorandum, the Defendants made mistake that the lease deposit amount was due to KRW 60 million and entered as such.

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