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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 42,00,000 and the above KRW 10,000,000 among the above amounts.
Reasons
1. Basic facts
A. On November 23, 1996, Defendant B entered into a lease agreement with the Plaintiff on the lease deposit amounting to KRW 42,00,000,000, and from November 23, 1996 to November 22, 1998 (hereinafter “instant lease agreement”); the Plaintiff paid Defendant B the remainder amounting to KRW 37,00,000,000 on the date of the contract, and KRW 5,000,000 on November 25, 196, respectively.
B. On October 8, 1997, the Defendants issued and delivered a letter of guarantee (Evidence A2) with the following content to the Plaintiff.
In the event that an auction was conducted on the apartment of this case, the Defendants shall pay 10,000,000 won to the Plaintiff on the date of directors, and the remainder of 32,000,000 won shall be paid until December 31, 200.
C. On August 28, 1997, the apartment of this case was voluntarily decided to commence auction from the Daejeon District Court (E) upon the application of the Dongdong Life Insurance Co., Ltd., and on August 29, 1997, it was voluntarily decided to commence auction from the same court (E) upon the application of the Mutual Saving and Finance Company for dialogue between Co., Ltd.
The apartment of this case was awarded to F on June 11, 1998 in accordance with the above auction procedure, and the ownership transfer registration was completed on June 16, 1998, and the plaintiff did not receive any distribution in the distribution procedure.
E. The instant lease agreement was terminated on November 22, 1998, and the Plaintiff removed from the instant apartment on the same day.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, with respect to KRW 42,00,000 among the agreed amount of KRW 42,00,000 and the above amount of KRW 10,000 under the letter of guarantee, the defendants shall jointly and severally do so from November 23, 1998, and with respect to KRW 32,00,000, the remaining amount of KRW 32,000 from January 1, 2001 to December 24, 2015, which is the delivery date of the original copy of the payment order of this case, from January 1, 201 to December 24, 2015, the Civil Act shall apply.