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(영문) 창원지방법원통영지원 2015.11.24 2015가단22426
임대차보증금
Text

1. Defendants B and C shall jointly and severally serve as KRW 54,500,000 and 20% per annum from August 29, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On October 20, 2014, the Plaintiff leased from Defendant B the part of the detailed bath of “F” in the bath of “F” (hereinafter “instant bath”) owned and operated by Defendant B, which was KRW 24,50,000,000,000,000,000 out of the deposit for lease. When Defendant B discontinued the above bath it operated, the Plaintiff immediately returned the deposit for lease, and the remainder of KRW 14,50,000,000,000,000,000, including damages for delay of 1% per month (the evidence No. 4 stated interest rate in the evidence No. 3, but its interest rate is recognized in the light of the evidence No. 3), and the Defendant C’s joint and several surety guaranteed the obligation to return the deposit for lease to the Plaintiff, which is a dependent of Defendant B.

B. On October 21, 2014, the Plaintiff leased Defendant D’s 203 (hereinafter “instant pention”)-dong 30 million won (C) Dong at the time of Hashion (hereinafter “instant pention”) located in G, Defendant D’s wife, Defendant D’s wife, for the term of March 20, 2016, the lease deposit was determined and leased by March 20, 2016. Defendant B agreed to immediately refund the above pention lease deposit and pay damages for delay 1% per month at the time of the Plaintiff’s closure of the instant pention, taking into account the fact that the Plaintiff leased the above pent to work in the bathhouse. Defendant B agreed to jointly and severally and severally guaranteed Defendant C’s obligation to return the deposit for lease deposit in question, Defendant B’s dependent.

[Defendant C prepared a separate certificate of joint and several sureties (Evidence No. 4) with respect to the security deposit for the instant bath lease, and jointly and severally guaranteed the obligation to return the security deposit for Defendant B from the lease contract (Evidence No. 2 of this case).

Defendant B closed the instant bath on May 2015, and the Plaintiff was unable to operate the said bathhouse.

【Reason for Recognition】 Each entry of evidence Nos. 1 through 5, and the purport of the whole pleadings

2. A claim against Defendant B and C.

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