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(영문) 청주지방법원충주지원 2020.09.24 2020가단356
임대차보증금반환
Text

1. The Defendants jointly pay KRW 35,000,000 to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Facts of recognition;

(a) An object subject to lease contract on October 21, 2014: The lease period of KRW 35,000,000 for buildings E in the Sound Group D, Chungcheongbuk-gun: 12 months (from October 21, 2014 to October 20, 2015): Defendant B (Defendant C) and Defendant C guarantee the obligation to return the deposit of Defendant B. The lessee: the Plaintiff

B. On October 21, 2014, the Plaintiff paid the down payment of KRW 3,000,000 to Defendant C who represented the Defendant B at the time of the contract, and the remaining deposit amount of KRW 32,000,000 on October 23, 2014 was transferred to Defendant C’s bank account.

C. On October 20, 2015, even after the lease term expires, the above lease is implicitly renewed, and on October 2, 2018, the Plaintiff expressed to Defendant C the intent to terminate the said lease.

2. The instant lease contract, which was implicitly renewed, was terminated three months after the Plaintiff’s declaration of termination was delivered.

Therefore, Defendant B and Defendant C are jointly obligated to refund the lease deposit amount of KRW 35,000,000 to the Plaintiff.

Defendant C asserts to the effect that the lessor should first seek the return of deposit to the Defendant B.

The guarantor's right of defense of highest and search can be accepted if it is proved that the principal debtor's ability to perform and its execution should be easy.

However, the evidence submitted by the defendant C cannot be seen as having proved that it is easy to enforce the facts and enforcement of the defendant B's ability to repay.

Therefore, the defendant's argument cannot be accepted.

3. Conclusion of the Plaintiff’s claim

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