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(영문) 창원지방법원통영지원 2020.10.08 2020가단12355
보증금반환
Text

1. The Defendants jointly share KRW 152,00,000 with respect to the Plaintiff and 5% per annum from April 17, 2020 to October 8, 2020.

Reasons

1. Examining the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 and 6, the plaintiff leased on March 29, 2017 the lease deposit amount of KRW 180,000,000,000 from May 1, 2017 to April 30, 2019. The plaintiff paid the above lease deposit to the defendants, and the plaintiff agreed to terminate the above lease contract at the beginning of 2020, and delivered the apartment building of this case to the defendants around April 8, 2020, the plaintiff was unable to accept a refund of part of the lease deposit from the defendants, and to receive the current KRW 150,000,000,000,000 from the expiration of the lease deposit.

According to the above facts of recognition, the defendants are jointly lessors with the obligation to pay damages for delay calculated at the rate of 152 million won per annum under the Civil Act and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date following the delivery date of a copy of the complaint of this case, as requested by the plaintiff, from April 17, 2020 to October 8, 2020, which can be deemed reasonable for the defendants to dispute about the existence and scope of the obligation.

2. Conclusion, the plaintiff's claim is justified.

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