Of the judgment of the first instance, the Defendants jointly with the Plaintiff KRW 35,367,025 and Defendant B with respect thereto.

Basic Facts

On March 14, 2016, the Plaintiff entered into a lease agreement with the Defendants (hereinafter “instant lease agreement”) with Defendant B, Defendant C, and Defendant C, with respect to Jin-si Dhoe (hereinafter “instant real estate”) holding 2/14 shares, with a deposit amount of KRW 45 million per month, 300,000 won per month, and 24 months from April 29, 2016 to April 28, 2018, and paid a deposit for lease to the Defendants around April 29, 2016.

On April 28, 2018, the instant lease agreement was implicitly renewed, and on April 10, 2019, the Plaintiff sent a text message to the Defendants that the instant lease agreement would be terminated.

[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1, 2, and 7 (including various numbers), the assertion of the purport of the whole pleadings, and the purport of the plaintiff's assertion by the parties to judgment, as the lease contract of this case was terminated upon the termination of the plaintiff's termination after implied renewal, the defendants, a joint lessor, are jointly obligated to pay to the plaintiff 45 million won (=200,000 won for the boiler repair cost spent by the plaintiff 45 million won) and damages for delay.

The summary of the Defendants’ assertion cannot be acknowledged that the Plaintiff spent KRW 200,000 as the boiler repair cost.

The unpaid rent, urban gas charges, and water rates shall be deducted from the deposit to be refunded by the Defendants.

According to the facts of the determination as to the cause of the claim, the instant lease agreement was concluded on July 10, 2019, since the Plaintiff notified the Defendants of the termination pursuant to Articles 6-2(1) and 6-2(2) of the Housing Lease Protection Act, and the Plaintiff terminated on July 10, 2019, barring any special circumstance, the Defendants, a joint lessor, are jointly obligated to pay the Plaintiff the deposit amount of KRW 45 million and the delayed damages.

The plaintiff is also seeking to pay KRW 200,000 of the boiler repair cost.