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(영문) 창원지방법원 2017.11.23 2017나53993
사용료
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. The court's explanation on this part of the basic facts is the same as the pertinent part of the reasoning of the judgment of the first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. Determination on the main claim

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the plaintiff the overdue charge, penalty, and damages for delay.

B. Determination on the Defendant’s argument that the termination of the instant lease contract is unlawful. 1) The Defendant asserted that the instant lease contract may be terminated in the event that the deposit date is overdue on at least two occasions pursuant to Article 12(1) of the instant lease contract, or the cumulative number of days overdue on the deposit date of monthly rent exceeds 60 days. The Defendant paid rent up to August 24, 201, the termination of the instant lease contract by the Plaintiff, which was made before the lapse of two months, is unlawful. 2. On October 1, 2014, the Plaintiff agreed to postpone the due date of payment of rent up to 50,000 won by paying rent of 1/1 month to the Plaintiff, and thus, the period of overdue payment of rent is unlawful, and the Plaintiff’s termination of the instant lease contract remains three months, and thus, the Plaintiff’s payment of rent pursuant to Article 12(1) of the instant lease contract may not be terminated on the grounds of overdue payment of rent up to 200,000 won.

In addition, there is no evidence that the plaintiff and the defendant agreed to postpone the due date of overdue rent.

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