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1. The Plaintiff; Defendant B shall pay KRW 185,714,280 to the Plaintiff; and Defendant C and D shall pay KRW 37,142,860, respectively.
2. The costs of lawsuit shall be.
Reasons
1. Indication of claim;
A. On November 29, 2014, the Plaintiff entered into a contract with Defendant B and E (hereinafter “Defendant B, etc.”) on the lease deposit amounting to KRW 230 million, and from February 28, 2015 to February 27, 2017, with the term of lease deposit amounting to KRW 230 million, and paid KRW 230 million to Defendant B, etc.
B. On November 28, 2016, the Plaintiff entered into a contract with Defendant B, etc. under which the lease deposit amount is KRW 260 million (in addition to KRW 30 million) and the lease term is extended until February 27, 2019 (hereinafter “instant lease contract”), and additionally paid KRW 30 million for the lease deposit increased to Defendant B, etc.
C. On November 21, 2018, the Plaintiff notified Defendant B of the termination of the instant lease agreement upon the expiration of the lease term by text message. D.
On the other hand, E was dead among the joint lessors.
E’s heir is Defendant B, and Defendant C and D, who are their spouse.
E. Since the lease contract of this case expired on February 27, 2019, Defendant B is obligated to return to the Plaintiff KRW 185,714,280 of the lease deposit (=(260,000 won x 1/2) (20,000 won x 1/2 x 3/7,000) x 37,142,860 of the lease deposit (=260,000 won x 1/7,000), Defendant C, and D respectively are obligated to return the lease deposit amount of KRW 37,142,860 of the lease deposit(260,000 x 1/2 x below 10).
2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).