logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.04.22 2019가단28828
임대차보증금
Text

1. The Defendants jointly pay to the Plaintiff KRW 50,000,000 and the interest rate thereon from October 12, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 31, 2016, the Defendants leased the Defendants’ Co-ownership D and E (hereinafter “instant housing”) KRW 50,000,000 as security deposit, and the term of lease from January 22, 2017 to January 21, 2019, respectively (hereinafter “instant lease agreement”). At that time, the Defendants received security deposit and handed over the instant housing to the Plaintiff.

B. The Plaintiff and the Defendants did not express each other at the time of the termination of the instant lease agreement, and thus, the instant lease agreement was implicitly renewed.

C. On April 1, 2019, the Plaintiff notified the Defendants that the instant lease contract was terminated.

On July 4, 2019, the Plaintiff sent to the Defendants a content-certified mail stating that “three months have elapsed since it was notified of the termination of the instant lease agreement, and thus, the Plaintiff returned the instant lease deposit to the Plaintiff by July 19, 2019.”

On August 28, 2019, the Plaintiff informed the Defendants of the password of the instant house entrance number, and on September 28, 2019, delivered the instant house to the Defendants by placing all goods within the instant house.

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 and 3, the purport of the whole pleadings

2. According to the facts of the above recognition, the lease contract of this case which was implicitly renewed was terminated by the plaintiff's notice of termination of the contract, and since the housing of this case was delivered to the defendants, the defendants, a joint lessor, jointly, are liable to pay to the plaintiff 50 million won of the lease deposit of this case and the amount calculated by the rate of 12% per annum from October 12, 2019 to the day of complete payment, as the plaintiff seeks.

3. In conclusion, the plaintiff's claim of this case is justified.

arrow