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1. The Defendants jointly share KRW 38,215,890 to the Plaintiff and Defendant B with respect thereto from November 28, 2014, and Defendant C.
Reasons
1. Determination as to the cause of claim
A. Fact 1) The Plaintiff is a notary public’s D Office No. 123 of the 2014 Deed No. 123, the title of execution, and is Suwon District Court E Co., Ltd. (hereinafter “E”) (hereinafter “E”).
3) The Defendants’ claim for the return of the lease deposit, which was paid by the Defendants while leasing the land F, G land and building owned by the Defendants (hereinafter “instant claim for return”).
() A collection order (amount claimed: 159,00,000 won) related to the claim was received on April 15, 2014, and the above order was served and finalized to the Defendants, a joint lessor, around that time. (ii) The value of the instant returned claim was KRW 50,00,000, and upon the Plaintiff’s request for payment of the collection amount, the Defendants paid KRW 11,784,110 on May 8, 2014 to the Plaintiff.
[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
B. According to the facts found above, the Defendants, a joint lessor, jointly and severally, are obligated to pay to the Plaintiff the amount of KRW 38,215,890 (=50,000,000 - the above payment amount of KRW 11,784,110) and the amount calculated by the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 26, 2014 to the day of full payment, on the record that the instant complaint was served on the above Defendant, as the Plaintiff sought, from November 28, 2014.
2. Judgment on the defendants' assertion
A. On April 9, 2014, the sum of the rents, water supply and sewerage charges, etc., unpaid by E was KRW 35,629,130 as of April 9, 201, and the representative director E’s statement (hereinafter “Unpaid statement”) was examined by the Plaintiff with the Defendants, and received the said KRW 11,784,110 after checking the balance of the refunded claim, and thereafter, the Plaintiff filed a claim for the collection of the instant amount accompanied by the said unpaid statement.