1. The Defendants jointly set forth KRW 40,000,000 and 5% per annum from February 12, 2020 to February 5, 2021 to the Plaintiff.

1. Facts of recognition;

A. On October 15, 2018, the Plaintiff leased the Gangnam-gu Seoul Metropolitan Government D Building E (hereinafter “instant real estate”) from the Defendant, a joint lessor, KRW 40 million, monthly rent of KRW 400,000,000, monthly rent of KRW 4000,000 from October 27, 2018 to October 26, 2019, and paid KRW 40,000,000 as the deposit to the Defendants.

B. The above lease term expired on October 26, 2019.

(c)

The Defendants recovered possession of the instant real estate on February 11, 2020.

[Ground for recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the Defendants, a joint lessor, have a duty to jointly refund the deposit amount of KRW 40 million to the Plaintiff according to the expiration of the lease term.

B. On October 26, 2019, the Plaintiff, on October 26, 2019, notified the Defendants of the passwords of the instant real estate and provided it to the Defendants, thereby fulfilling the duty to deliver the instant real estate.

As to the lease deposit amount of KRW 40,000,000,000 shall be claimed from October 27, 2019, after the expiration of the lease term, to the day of complete payment.

When a lease contract is terminated, the lessee's obligation to return the leased object and the lessor's obligation to return the lease deposit are simultaneously performed.

In this regard, it is insufficient to recognize that the real estate in this case was delivered to the Defendants or provided with performance prior to October 27, 2019, which is the date when the Plaintiff seeks payment of delayed damages, solely on the basis of the evidence evidence Nos. 2 and 6, and there is no other evidence to acknowledge it.

On the other hand, the Defendants recovered possession of the instant real estate on February 11, 2020, as seen above, and thus, the Plaintiff’s duty to deliver the instant real estate ceased to exist on February 11, 2020.

may be seen.

Ultimately, the Defendants’ obligation to delay the duty to return the leased deposit is asserted by the Plaintiff.