(영문) 서울동부지방법원 2015.01.27 2014가단23981

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(영문) 서울동부지방법원 2015.01.27 2014가단23981

채무부존재확인

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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts (applicable for recognition: Facts without dispute, Gap's evidence 1 through 4, Gap's evidence 6, 7, Gap's evidence 9 through 15, and the purport of the whole pleadings and arguments);

A. On March 1, 2008, the Plaintiff entered into a lease agreement on the 7th, 8th, and 9th (hereinafter “instant real estate”) of the enzy building in Songpa-gu Seoul Special Metropolitan City (road name addresses: 97) as the owner of the enzy building (hereinafter “ enzypypypypypypypypypypypypypypypypypypypy zone”), and the Jeju Savings Bank renewed the said lease agreement between the Plaintiff and the Plaintiff. The terms of the renewal agreement entered into on February 28, 2011 are as follows:

(1) The term of the lease contract (hereinafter “instant lease contract”): From March 1, 2011 to February 28, 2012, the term of the lease contract may be extended by agreement between the lessor and the lessee; (2) the lease deposit may be adjusted and modified (Article 1). (3) The lease deposit: KRW 70 million (hereinafter “the lease deposit in this case”) and monthly rent: KRW 21,479,400 (excluding value-added tax, and payment on the fifth day of each month) (Article 2.3). If the lessee delays the lease fee, the lessee shall pay the overdue charge in addition to the late payment rate of KRW 25 percent (Article 4; hereinafter “the late payment clause in this case”).

4) If the lessee wishes to cancel the lease contract in the middle of a period of lease due to circumstances, the lessee may cancel the contract by paying an amount equivalent to the monthly rent for three months to the lessor as compensation for damages, and if the remaining period of lease is less than six months, the lessee may cancel the contract by giving written notice at least one month prior to the expiration of the period of lease, and the partial termination of the leased object may be subject to the agreement of the lessor and the lessee.

§ 12.5. When there are matters other than those provided for in this contract or there is any objection, the Acts and subordinate statutes and general.

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