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(영문) 서울동부지방법원 2016.04.29 2015나4650
임대료
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On July 30, 2008, the Plaintiff and the Defendant concluded a lease agreement with the Plaintiff on July 30, 2008, stating that “the Defendant’s lease deposit amount of KRW 55 million (hereinafter “the instant real estate”) is KRW 20,000,000 per month, management expenses (water charge, stairs cleaning and cleaning expenses), and the lease period from August 27, 2008 to August 26, 2010.” The Defendant paid the above lease deposit to the Plaintiff and resided in the instant real estate. 2) The Plaintiff and the Defendant modified the above lease agreement around October 2009, and agreed to pay the Plaintiff the rent of KRW 55,00,000 per month, instead of reducing the lease deposit amount of KRW 50,000,000.”

Accordingly, around that time, the Plaintiff returned KRW 5 million to the Defendant, and the Defendant paid KRW 50,000 to the Plaintiff each month from that time.

3) On May 7, 2010, when concluding a lease agreement on the instant real estate, the Plaintiff and the Defendant agreed, without setting a term of lease, that “the term of lease shall be changed to KRW 45 million, and the Defendant shall pay KRW 100,000 per month to the Plaintiff.” Accordingly, around that time, the Plaintiff returned KRW 5 million to the Defendant, and the Defendant paid KRW 100,000 per month to the Plaintiff from that time. 4) When concluding a lease agreement on the instant real estate again on January 11, 2011, the Plaintiff and the Defendant agreed that “The term of lease shall be changed to KRW 40,00,000,000,000 per month, and the Defendant shall be paid KRW 1,50,000 per month to the Plaintiff.”

Accordingly, around that time, the plaintiff returned 5 million won to the defendant, and the defendant paid 1.5 million won per month to the plaintiff from that time.

B. On July 31, 2012, the Plaintiff sent text messages to the Defendant on July 31, 2012.

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