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1. The Defendants jointly share KRW 370,000,000 with respect to the Plaintiff and 5% per annum from February 21, 2019 to February 27, 2019.
Reasons
1. Facts of recognition;
A. On November 4, 2016, D concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendants setting the lease deposit amount of KRW 370,000,000,000, and the term of lease from December 21, 2016 to December 20, 2018, on which the Defendants owned and owned each 1/2 shares, and the ownership transfer registration was completed in the name of the Defendants, a buyer at the commencement date of the lease term (hereinafter “instant apartment”).
Accordingly, D paid the above lease deposit to the Defendants, and received the instant apartment from the Defendants.
B. The Plaintiff concluded a lease deposit and credit insurance contract (hereinafter “instant insurance contract”) with the content that the Plaintiff would compensate for damages suffered by D, while the Defendants, a lessor, did not refund the lease deposit under the instant lease contract, even though there was a cause for returning the lease deposit to lessee D from December 21, 2016 to January 19, 2019, setting the insurance period as KRW 370,000,000, and received premiums from D.
According to the instant insurance contract, when an auction or public auction of the leased object was conducted, the insured was unable to refund the lease deposit after the dividend payment was made, when the lease contract was terminated or terminated, when the lease deposit was not returned even after 30 days have passed since the termination date, or when the lease contract was terminated or terminated, or when the lease deposit was not returned notwithstanding the occurrence of any other cause for return, the insured may claim for the insurance
C. D was unable to receive a refund of the deposit from the Defendants during the period from December 20, 2018 to 30 days after the termination of the instant lease contract due to the expiration of the lease term.
D On January 21, 2019, the instant apartment is against the Defendants.