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(영문) 수원지방법원성남지원 2020.02.14 2019가합402447
임대차보증금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 6,559,102 as well as the interest rate from April 10, 2019 to the day of full payment.

Reasons

Facts of recognition

On August 27, 2014, the Plaintiff entered into a sub-lease contract with Defendant C, the lessee of the D Apartment E (hereinafter “instant apartment”) in Sungnam-si, Sungnam-si (hereinafter “instant apartment”), setting the sub-lease period from November 7, 2014 to November 7, 2016, with respect to the instant apartment as KRW 330,000,00, with respect to the sub-lease period, and as a special agreement at the time, Defendant C agreed to bear all the obligations of Defendant B, the sub-lease, and jointly and severally liable for the return of the deposit. At that time, the Plaintiff paid KRW 330,000,000 to Defendant B.

Since then on November 2, 2016, the period of sub-lease and the deposit for sub-lease (330,000,000 won) (2 years from November 7, 2016 to November 7, 2018) were the same as the previous, but the above sub-lease contract was renewed on condition that the monthly rent is added to 350,000 won.

The Plaintiff notified the Defendants of his/her intention to refuse the renewal of the sub-lease period from several months before the end of the sub-lease period, and the Defendants asserted that the Plaintiff did not notify the Plaintiff of his/her intention to refuse the renewal by no later than one month prior to the expiration of the sub-lease period on October 15, 2018. However, in full view of the purport of the entire pleadings in subparagraph 8-1, the Plaintiff can be recognized as having notified the Defendants of his/her intention to refuse the renewal before October 2, 2018, which is one month prior to the expiration of the sub-lease period, and requested the return of the sub-lease deposit at the expiration of the sub-lease period.

around August 2018, when leaving the apartment of this case, the key to the apartment of this case was issued to the licensed real estate agent F, who had arranged the above sub-lease contract, and the present identification number was notified.

Furthermore, around October 12, 2018, the Plaintiff explicitly notifies Defendant C of the fact that the apartment of this case was already delivered by content-certified mail around August 2018, the Plaintiff’s renewal of the sub-lease period is the expiration date.

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