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(영문) 대전지방법원서산지원 2020.07.28 2020가단52387
보증금반환
Text

1. The Defendants jointly pay to the Plaintiff KRW 126 million and to the date of full payment with respect thereto from May 23, 2020 to the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 5 (including the number of branch numbers) as to the cause of the claim, the plaintiff entered into a lease agreement with the defendants on March 11, 2015 with the term of a deposit of KRW 126 million and the term of a lease of five years (hereinafter referred to as "the lease agreement in this case") with the defendants on March 11, 2015, and the plaintiff continued to indicate that the plaintiff had no intention to maintain the lease contract in this case from June 2019, and on May 22, 2020, kept the keys of the apartment in the apartment management office.

According to the above facts, it is clear that the lease contract of this case was terminated with the expiration date, and the plaintiff delivered the apartment of this case to the defendants on May 22, 2020. Thus, the defendants, the joint lessee of the lease contract of this case, are jointly obligated to pay to the plaintiff a deposit of KRW 126 million and damages for delay calculated at the rate of 12% per annum from May 23, 2020 to the day of full payment, which is the day following the delivery date of the apartment of this case, to the day of full payment.

2. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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