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1. The Defendants jointly share KRW 80,000,000 with the Plaintiff and KRW 5.5% per annum from November 20, 2017 to April 2, 2018.
Reasons
1. Facts of recognition;
A. On September 30, 2015, the Plaintiff (Lessee) concluded a lease agreement with Defendant B (Lessee) on the D’s ground detached housing (hereinafter “instant housing”) at Jeju-si, setting the lease period of KRW 100,000 as the lease deposit from November 20, 2015 to November 19, 2017.
B. Until November 20, 2015, the Plaintiff paid to Defendant B a deposit of KRW 100,000,000,000 to the Plaintiff. From the same day, the Plaintiff resided in the instant house after being transferred the instant house. On November 19, 2017, the period of the lease agreement expired, and transferred the instant house.
C. Defendant B promised to immediately refund the remainder of KRW 80 million to the Plaintiff out of KRW 100 million, but the remainder of KRW 80 million was not returned as of November 2017. However, Defendant B did not refund the deposit amount of KRW 80 million as of November 2017.
Accordingly, when the Plaintiff demanded the repayment of the deposit as soon as possible, on November 30, 2017, Defendant B and her husband C promised to pay KRW 80 million until December 1, 2017, and if the deposit is not returned by this day, the agreement was prepared and delivered to the Plaintiff with the purport that the delay damages calculated at the rate of 5.5% per annum (36,700 won per annum) based on November 19, 2017, on which the deposit should have been refunded if it is not returned by this day (hereinafter “instant agreement”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-5, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendants jointly have the obligation to pay jointly the Plaintiff the lease deposit amount of KRW 80,000,000, and the damages for delay at the rate of KRW 5.5% per annum from November 20, 2017 to April 2, 2018, which is the delivery date of a copy of the complaint of this case, and the damages for delay at the rate of KRW 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.
3. The Defendants’ assertion as to the Defendants is without need for interest to Defendant C.