beta
Text
The Defendants jointly pay to the Plaintiff KRW 200,000,000 and the interest rate thereon from July 17, 2019 to the day of full payment.
Reasons
1. Basic facts
A. On May 4, 2016, Nonparty C leased the Plaintiff’s 23rd E (hereinafter “instant real estate”) of the Seocho-gu Seoul Metropolitan Government D Building owned by the Defendants from May 4, 2016, with the lease deposit of KRW 200,00,000, and the lease period from June 1, 2016 to June 1, 2017.
(hereinafter referred to as “instant lease agreement”). B.
The Plaintiff filed a claim with the Seoul Central District Court for the preservation of collection of KRW 200,000,000 for the claim for the refund of the lease deposit amount of KRW 200,000,000, which was held against the Defendants against Nonparty C in order to preserve the additional collection of criminal proceeds acquired as a crime such as gambling opening, etc., on February 7, 2017, the Plaintiff received a decision of acceptance from the above court and the said decision was made against Defendant B on March 7, 2017, and the same
8. Each service was made to Defendant A.
C. On June 15, 2017, the Seoul Central District Court sentenced C to two years and six months of imprisonment for violating the National Sports Promotion Act (Gambling, etc.) and a surcharge of KRW 9400,000,000 (Seoul Central District Court Decision 2017Da1055), the Plaintiff, based on the above judgment, requested the Seoul Central District Court’s attachment and collection order before the provisional attachment of the above leased deposit claim against C as the provisional attachment on October 18, 2018. The above decision was served on the Defendants on January 29, 2019.
[Reasons for Recognition] No dispute exists, entry of Gap evidence Nos. 1 through 12, the purport of the whole pleadings
2. Determination
A. According to the above facts, the above lease contract was terminated upon the expiration of the term.
Therefore, barring any special circumstance, the Defendants are jointly obligated to pay to the Plaintiff KRW 200,000,000 as well as damages for delay at the rate of 12% per annum from July 17, 2019 to the date of delivery of a copy of the complaint of this case as requested by the Plaintiff.
(b)the defendant against this;