beta
(영문) 서울남부지방법원 2019.12.13 2019가합103325

임대차보증금

Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 127,397 and as a result, from October 29, 2019 to December 13, 2019.

Reasons

1. Basic facts

A. On January 25, 2017, the Plaintiff concluded a contract with the Defendants to lease the Housing E (hereinafter “instant apartment”) located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant apartment”) with a deposit of KRW 310 million and the term of lease from February 20, 2017 to February 19, 2019 (hereinafter “instant lease contract”).

Since then, the Plaintiff paid 300 million won the above lease deposit to the Defendants, and received the instant apartment from the Defendants.

B. On November 26, 2018, the Plaintiff sent a text message to Defendant C, stating that “I will directors at the maturity of the instant lease agreement.”

C. On April 25, 2019, the Plaintiff received the order of lease registration on the instant apartment and completed the lease registration on May 7, 2019, and thereafter moved in the instant apartment on May 8, 2019.

On October 28, 2019, Defendant B deposited the principal and interest of the above lease deposit (Seoul Southern District Court No. 4800, Seoul Southern District Court No. 2019) with the Plaintiff as the principal and interest of the said lease deposit as the principal and interest of the Plaintiff on October 28, 2019.

[Reasons for Recognition] Facts without dispute, entry of Eul Nos. 1, 3 and 9 (including a tentative number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. On November 26, 2018, before the expiration of the lease term of this case, the Plaintiff notified the Defendants of the rejection of renewal, and the instant lease contract was terminated as of February 19, 2019, and the Plaintiff delivered the instant apartment to the Defendants on May 8, 2019. The Defendants are jointly and severally liable to pay the Plaintiff the lease deposit amount of KRW 310 million and the damages for delay from May 8, 2019, the delivery date.

B. On November 26, 2018, the Plaintiff sent text messages to the Plaintiff to discuss the Defendants, and the Plaintiff did not contact with the Plaintiff. Since it cannot be deemed that the Plaintiff clearly expressed its intent to refuse to renew the message, the said message cannot be deemed as a notification of refusal to renew the message.

Therefore, the instant lease agreement is valid.