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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 30, 201, the Plaintiff leased one underground floor (the part of the building stated in the purport of the claim; hereinafter “instant store”) among the buildings located in Busan-gu C and D, Busan-gu, Busan-do, to the Defendant for the lease deposit of KRW 100 million, monthly rent of KRW 8 million (excluding value-added tax), and the lease term from October 1, 201 to September 30, 2013.
(hereinafter “instant lease agreement.” At the time, the Defendant, on September 30, 201, transferred to the Plaintiff KRW 50 million out of the lease deposit, and the remainder of KRW 50 million, to the Plaintiff by May 30, 2012. However, on June 22, 2013, the Plaintiff transferred to the Plaintiff KRW 20 million out of the remainder of KRW 50 million.
B. The Defendant is running a business after receiving the instant store from the Plaintiff and filing a business report as shown in the business report stated in the attached Table 4.
C. The Plaintiff stated that the Defendant did not pay KRW 30 million in the content-certified mail, among the remainder of lease deposit that the Defendant paid by May 30, 2012, KRW 20 million. However, this appears to be an error or clerical error.
On June 18, 2013, on the grounds that B did not pay, the Defendant sent to the Defendant a content-certified mail stating that “the instant lease agreement will be terminated as of September 30, 2013 upon the expiration of the lease term for the instant store” (hereinafter “content-certified mail”).
According to the Domestic Registration/Post-Postal Council, the content-certified mail of this case is indicated to be received by E, which is the defendant, at the location of the store of this case, as of June 20, 2013.
[Reasons for Recognition] Evidence A 5 to 7, Evidence B 1, Evidence B 5-1, 2, the purport of the whole pleadings
2. Determination on the cause of the claim
A. On June 20, 2013, the Plaintiff’s assertion that the instant lease agreement was terminated lawfully as of September 30, 2013 due to the arrival of the instant content-certified mail, or terminated upon the Plaintiff’s declaration of refusal to renew the lease agreement.