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(영문) 서울중앙지방법원 2019.10.08 2019가합519764
보증금반환
Text

1. The Defendants shall jointly and severally serve as KRW 360,000,000 on the Plaintiff and as a result, from November 24, 2018 to October 8, 2019.

Reasons

1. Determination as to the cause of claim

A. 1) On October 27, 2017, the Plaintiff is the Defendant Company B (hereinafter “Defendant Company”).

B) Between 1 and 40 million won of deposit, KRW 10 million of agency fee, KRW 10 million per month, and period from the execution date of the contract to October 28, 2018 (hereinafter “instant contract”).

(2) Upon entering into the instant contract, the Defendant Company agreed to return the deposit to the Plaintiff within seven days from the expiry date of the contract (Article 4(2)), and the Defendant C jointly and severally guaranteed the Plaintiff’s obligation to return the deposit to the Plaintiff upon entering into the instant contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, 5, purport of the whole pleadings

B. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff 360 million won (=40 million won - 40 million won) calculated by subtracting 40 million won from the Plaintiff’s repayment of deposit 400 million won, and the Defendants are jointly and severally liable to pay damages for delay at the rate of 12% per annum from the date following the delivery of the copy of the complaint of this case until the date of the completion of the settlement. However, the Defendants are jointly and severally liable to pay damages for delay at the rate of 15% per annum from the date of this case to the date of the completion of the settlement of the complaint of this case by the date of the enforcement date of this case’s statutory interest rate of 206% per annum from November 24, 2018 to October 8, 2019, which is the date of this case’s decision, which is the date of enforcement date of this case’s enforcement date of this case’s statutory interest rate of Article 3(1) of the Act.

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