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(영문) 전주지방법원군산지원 2016.01.28 2015가합931
임대차보증금
Text

1. The Defendant (Appointed Party) and the appointed parties C jointly and severally with the Plaintiff from November 27, 2015.

Reasons

1. According to the evidence Nos. 1 and 2 of the judgment on the cause of the claim, according to the whole purport of the pleadings, the plaintiff leased the 2 to 4th floor of the leisure house building located in Gunsan-si D from the defendant (appointed parties) and the appointed parties C (hereinafter collectively referred to as "the defendants") on December 9, 1997 for the lease term of 2 years from December 16, 1997 and paid the lease deposit of 250 million won. After the auction procedure for the leased object to E of this court on October 1, 1998, the plaintiff notified the defendants of the termination of the lease contract and demanded the return of the lease deposit, and the lease contract provides that "if the contracting parties intend to terminate the lease contract under the circumstances of the contract, they shall be notified 1 month prior to the termination of the lease contract."

According to the above facts, the lease contract between the plaintiff and the defendants was lawfully terminated by the plaintiff's notice of termination (if not, the lease contract was terminated on December 15, 1999 without renewal), and barring any special circumstance, the defendants, a joint lessor, jointly and severally, are liable to pay to the plaintiff 250 million won of the lease deposit and 15% of the annual damages for delay from November 27, 2015 to the date of repayment, which is the date following the final delivery by the complaint to the defendants, as the plaintiff seeks.

2. As to the defendants' defenses, the defendants asserted that the claims for the return of the lease deposit of this case were already extinguished due to the completion of prescription, and according to the evidence evidence No. 5, the plaintiff filed an order for payment of the lease deposit of this case against the defendants on June 10, 1999 with the court of this case where the plaintiff sought payment of the lease deposit of this case against the defendants, and "the defendants jointly and severally pay to the plaintiff 250 million won and delay damages," and the above payment order was served on the defendants on August 24, 199 and confirmed on September 8, 199, and the lawsuit of this case is above.

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