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1. Defendant B and D shall pay to each Plaintiff KRW 288,00,000.
2. The plaintiff's remainder against defendant B and D respectively.
Reasons
1. Basic facts
A. On January 22, 2011, the Plaintiff entered into a contract with Defendant B and D to lease (i.e., the Plaintiff’s KRW 320 million, and the period from February 23, 2011 to February 22, 2013, under which the Plaintiff agreed to lease (i.e., KRW 401, the F building B, Dong 401 on the land of Seocho-gu, Seocho-gu, Seoul and one parcel of land) KRW 320 million
(hereinafter “Lease of this case”). (b)
The Plaintiff paid to Defendant B and D the same day the down payment of KRW 28 million, and the balance of KRW 292 million on February 23, 201, respectively, to Defendant B and D, and thereafter is residing in the object of the lease of this case from that time to that time.
C. The Plaintiff urged Defendant B, etc., whose term of lease of this case expires, to return the lease deposit of this case, and on June 12, 2013, returned KRW 32 million out of the lease deposit of this case.
D. Meanwhile, between G and G on July 2, 2003, the Plaintiff entered into a contract with the Seocho-gu Seoul Metropolitan Government H building A, 1105,000 won as security deposit, and paid 40 million won as security deposit to G on the same day.
The Plaintiff agreed to pay the remainder of KRW 360 million to G not later than August 6, 2013, but failed to prepare any balance until then. On August 7, 2013, the Plaintiff agreed to cancel the said lease agreement and refund only the remainder after deducting KRW 20 million from the penalty for breach of contract for the term payment from G.
[Evidence] Facts without dispute, Gap evidence Nos. 1 to 2-2, 6, and 8 of Gap evidence, and the purport of the whole pleadings
2. Determination as to the claim against Defendant B and D
A. According to the above facts, since the lease of this case is terminated upon the expiration of the term of validity, Defendant B and D are obligated to return to the Plaintiff the unclaimed KRW 288 million out of the deposit for lease of this case (= KRW 320 million - 32 million).
B. The Plaintiff’s lease contract between G is terminated on the wind to delay the return of the lease deposit of this case by Defendant B and D. Accordingly, the Plaintiff’s penalty of KRW 21 million = penalty of KRW 20 million.