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(영문) 부산지방법원 2017.05.24 2016나5884

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

2...

Reasons

1. In the lease contract of the above real estate, the lessee shall pay the deposit and rent as follows. The deposit and rent shall be paid for 50,000,000 won (e.g., 50,000) - shall be paid and received on May 24, 200. The rent shall be paid on the 24th day of each month on the 24th day of each month. Article 2) The lessor shall be delivered to the lessee by May 24, 2013 on the condition that the lessor may enjoy profits from the above real estate for the purpose of the lease, and the lease period shall be 24 months from the delivery date until May 23, 2015.

Article 4) If the lessee has failed to pay the rent more than two times, or has violated the provisions of Article 3, the lessor may terminate the contract.

1. If a lessee fails to pay a rent, it shall be disposed of by offsetting the amount of rent in arrears from the deposit;

2. If the amount in arrears continues to be insufficient to deal with a set-off from the security deposit, this Agreement shall be deemed terminated, and if the re-contract is not concluded within two months, any goods belonging to the leased portion shall be disposed of voluntarily.

3. If the lessee fails to pay two or more times in arrears, the lessee shall terminate the contract pursuant to Article 4, and shall notify the delivery of its intention 10 days prior to the termination of the contract in order to continue to maintain the contractual condition.

On May 24, 2013, F, the Plaintiff’s land, entered into a lease agreement (hereinafter “instant lease agreement”) with D, the Defendant’s mother, to lease part of the land E (the instant real estate 2, kitchen 1, hereinafter “instant real estate”) of the Nam-gu, Busan. The main contents of the agreement are as follows.

B. On September 24, 2013, D sent a content-certified mail to the effect that it did not pay a tea after the conclusion of the instant lease agreement to C, and thus, D sent the instant house fixtures (hereinafter “instant house fixtures”) located on the instant real estate, and the said content-certified mail reached C around that time.

(c).