(영문) 전주지방법원 2020.05.14 2019나8033 | 리걸엔진

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(영문) 전주지방법원 2020.05.14 2019나8033

대여금반환

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C (the following title of a lease agreement is deemed C, but there is no dispute as to the fact that the actual party was the Plaintiff, and thus, the subject of the Plaintiff or C’s act is indicated as “the Plaintiff’s side” on July 14, 2004) entered into a lease agreement with the Defendant on a deposit amount of KRW 20,000 won for the third floor E-number 142.22 square meters (hereinafter “the instant real estate”) of the building on the ground of the 3rd floor E of the building on the ground of the Jeonsan-gu Seoul Special Metropolitan City (hereinafter “the instant real estate”) and the monthly rent of KRW 1.7 million for the previous lessee.

After that, the lease deposit that the defendant was paid to the plaintiff because the defendant was not paid to the plaintiff was extinguished by the deduction of the unpaid rent.

B. After that, on August 2, 2006, the Plaintiff concluded a lease agreement again with a deposit of 8 million won and a monthly rent of 1.8 million won on the instant real estate.

After that, as the Defendant was unable to pay the rent from time, on October 24, 2006, the Plaintiff sent to the Defendant a notice to the effect that on October 31, 2006, the Defendant paid the unpaid rent of 5.4 million won to the time, and the notice was served to the Defendant around that time.

After that, the Defendant paid a total of 6.8 million won on the part of the Plaintiff on November 7, 2016 (i.e., KRW 3 million on December 13, 2016), under the pretext of unpaid rent, but did not delay again.

Accordingly, on October 15, 2007, the Plaintiff sent to the Defendant a notice to the effect that the unpaid rent of KRW 20,200,000 to the time was settled by October 20, 2007, and the said notice was served to the Defendant around that time.

C. On January 8, 2008, Plaintiff 15,800,000 (23,800,000,000,000,000,000) on the ground of the termination of the lease agreement as of August 2, 2016 against the Defendant on January 2, 2008 (23,80,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

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