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(영문) 대전지방법원천안지원 2019.02.13 2018가단7203

임대차보증금 등

Text

1. The Defendant-Counterclaim Plaintiff’s delivery of 130.05 square meters on the second floor among the buildings indicated in the attached list from the Plaintiff-Counterclaim Defendant.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 5, 2012, the Plaintiff entered into a lease agreement with the Defendant to lease the second floor of 130.05 square meters (hereinafter “instant building”) from the Defendant, setting the lease deposit amount of KRW 10,000,000, monthly rent of KRW 400,000, monthly rent of KRW 400,000, and the lease term of KRW 24 months from July 10, 2012 (hereinafter “instant lease agreement”).

B. On July 10, 2012, the Plaintiff paid KRW 10,000,000 to the Defendant, and operated the PC in the name of “D” in the instant building upon delivery from the Defendant.

C. On July 5, 2014, the Plaintiff and the Defendant agreed to change the term of the instant lease into KRW 500,000 per month, and the term of the lease until July 5, 2016.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1 and 2, and the purport of whole pleading

2. Determination as to the claim on the principal lawsuit

A. In full view of the purport of the entire pleadings as indicated in the evidence No. 7, No. 2-1, and No. 7, the Plaintiff paid monthly rent to the Defendant even after July 5, 2016, and operated the PC in the instant building. On February 13, 2018, the Plaintiff notified the Defendant that he/she was unable to operate the PC any longer due to the Plaintiff’s personal circumstances, and then suspended the PC business in the instant building.

B. In light of the following circumstances that can be seen in light of the overall purport of the pleadings, the term of the instant lease agreement was explicitly renewed on July 5, 2016 and July 5, 2017 pursuant to Article 10(4) of the Commercial Building Lease Protection Act, and the expiration date was July 5, 2018. However, on February 13, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement, and the Plaintiff’s termination was stipulated under Article 10(5) of the Commercial Building Lease Protection Act.