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1. The Defendant’s KRW 90,000,000, and its annual rate from March 23, 2018 to March 27, 2018, respectively, to the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and Si-si, Si-si, with the term of KRW 301,00,000,000 as lease deposit, and from November 20, 2012 to November 20, 2014, with the term of lease deposit KRW 90,000,000,000,000,000.
B. On November 20, 2012, the Plaintiff paid the Defendant the lease deposit amount of KRW 90,000,000 to the Defendant and received the instant loan, and the instant lease was renewed due to the Defendant’s failure to notify the rejection of renewal.
C. On October 2017, the Plaintiff expressed to the Defendant that “the termination of the instant lease agreement,” and on February 22, 2018, sent to the Defendant a content-certified mail stating that “the refund of the lease deposit by March 10, 2018, the termination of the instant lease agreement,” and thereafter, the content-certified mail sent to the Defendant.
On March 22, 2018, the Plaintiff removed from the Loan of this case.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 4, the purport of the whole pleadings
2. Determination
A. According to the Housing Lease Protection Act, if a lessor fails to notify the lessee of a refusal to renew the lease within one month from six months to one month before the expiration of the lease term, the lessor shall be deemed to have renewed the lease under the same conditions as the former lease at the time the lease term expires (Article 6(1)). In such cases, the lessee may notify at any time the lessor of the termination of the contract.
(Article 6-2(1). According to the above facts, the instant lease contract was renewed pursuant to Article 6(1) of the Housing Lease Protection Act due to the Defendant’s failure to notify the lessor of the rejection of renewal around November 20, 2014 when the term of the instant lease expires.
In this case, the plaintiff, who is a lessee, may notify the defendant at any time of termination of the lease contract of this case.