(영문) 춘천지방법원강릉지원 2015.12.15 2015나1106

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원강릉지원 2015.12.15 2015나1106

임대료 등

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On March 21, 2013, the Plaintiff operated a cosmetic sales store (hereinafter “instant store”) with the trade name of “E” by leasing the 33th floor of the D building in the East Sea from C. In the East Sea.

B. On July 31, 2014, the Plaintiff sub-leaseed the cosmetic part 3 square meters (hereinafter “the cosmetic”) of the instant store to the Defendant by setting the deposit of KRW 1 million, KRW 500,000 per month (payment as the last day of each month), and the sublease period from August 1, 2014 to July 31, 2015 (hereinafter “the sub-lease contract of this case”), and the Defendant operated the cosmetic part as above.

C. The Defendant paid KRW 1 million to the Plaintiff according to the said sub-lease contract.

On January 21, 2015, the Plaintiff sent to the Defendant a content-certified mail to the effect that the instant sub-lease contract is terminated on the grounds of rent for at least two consecutive years.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 3, 4, and 6, the purport of the whole pleadings

2. Determination as to the cause of claim

A. As to the claim for the payment of the unpaid rent, the facts as seen earlier are the 500,000 monthly rent under the sub-lease contract of this case.

Therefore, the Defendant sent to the Plaintiff a document evidencing that the instant sub-lease contract is terminated on January 21, 2015, and on record, it is unclear whether the instant sub-lease contract has been terminated according to the above content-certified mail (the parties do not clearly indicate whether the instant sub-lease contract is terminated and the reasons why the instant sub-lease contract is terminated).

However, even if the sub-lease contract of this case was terminated due to the arrival of the above content-certified mail, at the time of the termination of the sub-lease of this case, the defendant's delayed payment of more than two years of the above termination date shall be deemed to have expired by the plaintiff's deduction. Thus, the above termination date shall be deemed to have expired.

유사 판례

-의정부지방법원 2014.06.13 2013나6729

-울산지방법원 2018.08.10 2017가단67645

-의정부지방법원 2018.08.17 2018나203884

-인천지방법원 2020.04.09 2019가단241188

-수원지방법원 2019.03.14 2018나68865