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(영문) 울산지방법원 2019.08.21 2018가합27221

임대차보증금

Text

1. The Defendants shall be jointly and severally liable:

A. From June 27, 2019 to July 17, 2019, Plaintiff A with respect to KRW 75,000,000 and its amount.

Reasons

1. Facts of recognition;

A. The Plaintiffs: (a) between Defendant E and Defendant E who represented the owner of the U.S. F (hereinafter “instant building”); and (b) from April 15, 2016 to April 19, 2016, Plaintiff A extended the lease period from April 19, 2015 to February 19, 2016 (hereinafter “the lease period from April 19, 2016”); and (c) on April 5, 2016, Plaintiff B concluded the lease contract from April 15, 2016 to April 15, 2018; and (d) the lease contract from April 10, 2014 to April 10, 2014 to April 15, 2018 (hereinafter “instant lease contract”).

At the time of the conclusion of each contract, the Plaintiffs paid the full amount by either paying the lease deposit to Defendant E, who is the manager of each of the units of this case, and who is practically aware of the lessor, or transferring it to Defendant D’s account.

B. On December 6, 2018, the Plaintiffs sent a document verifying the termination of the instant lease agreement with respect to each of the instant units, and reached the Defendants around that time. On June 26, 2019, Plaintiff A delivered the instant subparagraph I to the Defendants.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9 (including additional evidence) and the purport of the whole pleadings

2. Determination

A. Each of the instant lease agreements had been implicitly renewed upon the termination date of the contract by the Plaintiffs’ continued to use and profit-making. However, each of the instant lease agreements was terminated on March 6, 2019, which was three months after the date on which the Plaintiffs expressed their intent to terminate to the Defendants.

(Article 6, 7 of the Housing Lease Protection Act).

On the other hand, as well as Defendant D, who received most of the lease deposit as a lessor under each of the instant lease agreements, and was the lessor from the time of the lease agreement, part of the lease deposit from some Plaintiffs.