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(영문) 대법원 2020.07.09 2017다236237

임대료

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. The lower court rejected the Defendant’s defense that the Plaintiff, after January 16, 2015, reduced the rent to the Defendant, on the grounds stated in its reasoning, on the first ground of appeal.

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the agreement with respect to contract modification or by failing to exhaust all necessary deliberations, thereby exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, thereby adversely affecting the conclusion of the

2. The lower court rejected the Defendant’s defense that the amount of rent and management expenses that the Defendant repaid to the Plaintiff exceeds the amount that the Plaintiff is the person.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by either violating the principle of pleading or explanation or failing to exhaust all necessary deliberations as stated in the grounds of appeal, thereby adversely recognizing facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules.

3. On the grounds as indicated in its reasoning, the lower court rejected the Defendant’s defense that, from May 17, 2015, the Plaintiff, the Defendant, and C Company agreed to reduce management expenses to KRW 350,000 per month and to pay them to C.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, and thereby adversely affecting the conclusion of the judgment.

4. Therefore, the appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.