1. The Defendants jointly share the Plaintiff with KRW 120 million, and with respect thereto, from July 13, 2017 to February 24, 2018.

1. On June 4, 2015, the Plaintiff entered into a contract with the Defendants to lease (hereinafter “instant lease contract”) a deposit for lease on a deposit basis with the Seo-gu Daejeon-gu Seoul Special Metropolitan City D Apartment 102 Dong 303 (hereinafter “instant apartment”) which is jointly owned by the Defendants, with the period from July 13, 2016 to July 12, 2017 (hereinafter “instant lease contract”).

The Plaintiff paid the Defendants a deposit amount of KRW 120 million, and resided in the instant apartment, and ordered the instant apartment on July 12, 2017, which is the expiration date of the lease term.

[Reasons for Recognition: Facts without dispute, Gap 1 and 2 evidence, purport of the whole pleadings]

2. Determination on the claim

A. According to the above facts, since the lease contract of this case was terminated by the expiration date, the Defendants, a joint lessor, are jointly obligated to pay damages for delay calculated at each rate of 5% per annum as prescribed by the Civil Act from July 13, 2017 to February 24, 2018, which is the date of service of the last copy of the complaint from July 13, 2017 to the date of service of the last copy of the complaint, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

B. On July 12, 2017, Defendant B and the Plaintiff asserted that Defendant B did not have a duty to refund the deposit money until July 12, 2019, which is the extended period, since they concluded a lease contract to extend the period of the instant apartment on July 12, 2017 (hereinafter “new lease contract”).

As to this, the plaintiff asserts that the new lease contract is only prepared with the defendants to postpone the repayment of the amount of money borrowed from the deposit money.

On July 12, 2017, the Defendants and the Plaintiff prepared a new lease contract with the same period as the previous lease money for the apartment of this case from July 12, 2017 to July 12, 2019. The Plaintiff did not renew the contract from the expiration date of the instant lease contract to the Defendants.