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(영문) 수원지방법원 2017.08.22 2016나18422

임대료 및 노임

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

Reasons

1. The reasoning of the judgment on this part of the facts of recognition is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. Determination on the cause of the claim

A. According to the facts of the determination on the claim for rent, it is reasonable to deem that the instant agreement was terminated by agreement around October 31, 2015.

(A) The Plaintiff and C are obligated to pay the Plaintiff the remainder of KRW 18.5 million after deducting the sum of rent of KRW 60 million from March 1, 2014 to October 31, 2015 (including KRW 300,000 per month x 20 months) of the remainder of KRW 41.5 million and delay damages therefrom, barring any special circumstance.

On the contrary, the defendant asserts that the agreement of this case was terminated on May 1, 2014.

On May 1, 2014, the witness C of the first instance trial testified that the agreement of this case was terminated with the Plaintiff on May 1, 2014, and thereafter C had agreed to directly operate the said telecom and pay KRW 3 million per month to the Plaintiff as a dividend for investment funds. However, there is no contract for a new agreement as to the aforementioned assertion, and 3 million won as the above dividends was paid in several times between June 2014 and May 201 to the Plaintiff during the period from June 2015. However, in full view of the fact that the Defendant appears to have paid rent under the instant agreement to the Plaintiff under the name of C, the above testimony is difficult to believe, and there is no evidence to acknowledge it, and the Defendant’s above assertion is without merit.

B. As to the claim for wages, from April 1, 2014, the Plaintiff changed the part of the employment contract under the instant agreement from April 1, 201, and the Plaintiff had necessary work, such as repair work.