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1. Defendant (Appointed Party) B and Selection C: (a) each of the Plaintiff KRW 26,350,000 and the Plaintiff’s each of them, from May 26, 2016 to January 2017.
Reasons
1. Basic facts
A. The Plaintiff entered into a lease agreement with the Defendant (Appointed Party) B and the Selection Party C (hereinafter simply referred to as the “Defendant”) on the first floor (hereinafter referred to as “the leased object of this case”) among the five-story buildings on the ground D, E, and F (hereinafter referred to as “the building of this case”) owned by the Defendant, and the lease agreement with the term from October 12, 2014 to October 11, 2015 (hereinafter referred to as “the lease agreement of this case”). Article 5 of the said lease agreement provides that “if the lease agreement is terminated, the lessee shall restore the leased object to the original state (referring to the actual state as at the time of new construction) and return it to the lessor.”
B. Since then, the instant lease agreement was implicitly renewed, and on November 27, 2015, the Plaintiff sent to the Defendants a letter that the instant lease agreement will be terminated, and on March 31, 2016, delivered the instant building to the Defendants.
C. Meanwhile, the Plaintiff concluded a management service agreement with the Defendants to receive KRW 600,000 per month in return for the management of the instant building, and managed the instant building by March 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, the purport of the whole pleadings
2. The plaintiff's assertion
A. Since the instant lease agreement was terminated by the Plaintiff’s notice of termination, the Defendants are obligated to pay the Plaintiff KRW 80,000,000 as lease deposit and the unpaid management service fee KRW 2,80,000.
B. Meanwhile, the rent and management fee that the Plaintiff failed to pay to the Defendants is KRW 15,280,037.
C. Therefore, the defendants are liable to return each of the plaintiff 3,774,981 won [((80,000 won for lease deposit - 2,800,000 won for unpaid management and service expenses - 15,280,037 won for unpaid rent and management expenses - 15,280,037 won] ± 2] The joint lessor's obligation to return lease deposit is indivisible.