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1. The Defendants jointly share KRW 2,92,196 with respect to the Plaintiff and KRW 12% per annum from June 3, 2020 to the date of full payment.
Reasons
1. Basic facts
A. On February 12, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendants, setting the lease deposit amount of KRW 370,000,000, and the term of the lease from March 5, 2018 to March 4, 2020 (hereinafter “instant lease agreement”).
B. The Plaintiff paid lease deposit of KRW 370,000,000 to the Defendants, and resided in the instant apartment after being delivered the said apartment.
C. Meanwhile, on March 10, 2020, the Plaintiff filed the instant lawsuit against the Defendants. On April 4, 2020, the Plaintiff did not refund the lease deposit and delivered the instant apartment to the Defendants.
On May 15, 2020, the Defendants deposited the lease deposit amount of KRW 370,220,890 ( KRW 370,000,000 for lease deposit and KRW 220,890 for long-term repair appropriations) against the Plaintiff on the grounds of the Plaintiff’s refusal to receive the instant complaint on May 15, 2020.
E. On June 2, 2020, the Plaintiff received the above KRW 370,220,890 deposited by the Defendants.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 8, 9, Eul evidence No. 4, the purport of the whole pleadings
2. According to the above findings of the determination on the cause of the claim, the lease contract of this case was terminated upon the expiration of the period.
As the plaintiff completed the delivery of the apartment of this case to the defendants, the defendants are obligated to pay the lease deposit and damages for delay to the plaintiff, and the above obligations of the defendants, a joint lease, are indivisible obligations.
Meanwhile, as seen earlier, the Plaintiff received KRW 370,220,890 deposited by the Defendants on June 2, 2020, and there was an agreement between the Plaintiff and the Defendants on the amount of the deposit received.
Since there is no evidence to prove that the Plaintiff expressed his/her intent for designation appropriation or for designation appropriation, the deposit received by the Plaintiff shall be interest and the original under Article 479(1) of the Civil Act.