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(영문) 대전지방법원천안지원 2019.08.21 2019가단105616
보증금반환
Text

1. The Defendants jointly pay to the Plaintiff KRW 35 million and the interest rate thereon from May 11, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On October 8, 2014, the Plaintiff entered into a lease agreement with the Defendants on the condition that the EtelF (hereinafter “instant real estate”) will be leased by setting the deposit amount of KRW 35 million and the period from October 15, 2014 to October 14, 2016 (hereinafter “instant lease agreement”).

B. The Plaintiff paid a deposit of KRW 35 million to the Defendants and resided in the instant real estate.

C. The instant lease agreement was explicitly renewed as of October 14, 2018, and was explicitly renewed by October 14, 2020 on the grounds that no notification of rejection of renewal was given one month before the end of the said period.

However, around October 2018, the Plaintiff notified the Defendants that the instant lease contract was terminated.

On January 21, 2019, the Plaintiff transferred the instant real estate to the Defendants and moved into a new residence.

[Reasons for Recognition] Unsatisfy, Gap 1-9 evidence (including virtual number), the purport of the whole pleadings

2. According to the facts found above, the lease contract of this case was terminated at the latest on February 1, 2019 pursuant to Article 6-2 (1) and (2) of the Housing Lease Protection Act, and the plaintiff has already delivered the real estate of this case to the defendants. As such, the defendants, a joint lessor, jointly (see Supreme Court Decision 98Da43137, Dec. 8, 1998) are liable to pay to the plaintiff a deposit of KRW 35 million and damages for delay calculated at the rate of 12% per annum from May 11, 2019 to the date of full payment, which is the day following the delivery of the copy of the complaint of this case.

3. Conclusion, the Plaintiff’s claim against the Defendants is accepted with merit.

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