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1. The judgment of the court of first instance is modified as follows.
The Defendants jointly pay to the Plaintiff KRW 4,000,000.
Reasons
1. Basic facts
A. On April 21, 2017, the Plaintiff, as the owner of Eunpyeong-gu Seoul Metropolitan Government G Apartment HK (hereinafter “instant apartment”), entered into a lease agreement with Defendant C, setting the lease deposit amount of KRW 50 million, monthly rent of KRW 1450,000,000, and the lease term from May 14, 2017 to May 13, 2018.
(hereinafter “instant lease agreement”). B.
Defendant C paid only KRW 25 million among the above lease deposit to the Plaintiff, and agreed to pay the remaining KRW 25 million to the Plaintiff by June 14, 2017. Defendant C did not pay the remainder of the lease deposit by the date of the said agreement. Defendant C did not pay any more than two rents as of December 29, 2017.
C. Accordingly, on December 29, 2017, the Plaintiff notified Defendant C of the termination of the instant lease on the ground that the remainder of the lease deposit and the overdue rent for at least two years was unpaid, and around that time, the said termination notice reached Defendant C.
The Plaintiff filed a lawsuit against Defendant C on the ground that the lease contract was terminated due to the foregoing reasons, as Seoul Western District Court Decision 2018Gadan212170, and the said court accepted the Plaintiff’s claim for termination of the lease contract, and on September 14, 2018, accepted the Plaintiff’s claim for termination of the lease, the Defendant C received the said lease deposit amount of KRW 25 million from the Plaintiff, and at the same time, sentenced the Plaintiff to a provisional execution declaration.
E. Defendant C was served on September 17, 2018, and submitted a petition of appeal to the court of first instance of the preceding lawsuit on September 20, 2018, and applied for the suspension of compulsory execution of the said judgment as Seoul Western District Court 2018Kadan5199, and was decided to suspend compulsory execution under the said judgment until the appellate court sentenced the said judgment to deposit KRW 9 million as security on September 27, 2018, and following the Defendant.