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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning for the court’s explanation on this part of the facts is as stated in the part of “1. Basic Facts” in the second or third or third or six acts of the first instance judgment. Thus, this part is cited in accordance with the main text of Article 420 of the Civil Procedure Act.
2. The assertion and judgment
A. The Plaintiff asserts that the Defendant did not pay the instant rent from May 2014, and that the instant lease contract was terminated by serving a copy of the application for modification of the lawsuit filed on September 1, 2015 on the ground of nonperformance, and that the Plaintiff filed against the Defendant for the payment of KRW 40 million in total (i.e., the amount of unpaid rent from May 1, 2014 to September 8, 2015 (i.e., the amount of KRW 2.5 million x 16 months) and the unpaid electricity fee of KRW 43,698,020, which is the sum of KRW 30 million and unpaid electricity charges of KRW 43,698,020 (=43,698,020) (i.e., KRW 43,698,020).
As to this, the Defendant, prior to the delivery of a duplicate of the application for modification of the instant lease agreement, received the Plaintiff’s notice of termination as of June 19, 2014, and the Defendant delivered the instant building to the Plaintiff on or around July 31, 2014, arguing that the Plaintiff’s claim is unreasonable insofar as the remainder of the lease deposit should be refunded from the Plaintiff.
B. On the other hand, in order to determine the termination of the instant lease agreement, the requirement is that the opposite expression of intent, which is the offer and acceptance of the contract, is agreed as a general case of the formation of the contract. However, as well as the express case of the termination of the contract, it may be made implicitly and implicitly. Thus, if the lack or renunciation of the contract by both parties after the contract accords objectively with the intent expressed by both parties, the contract shall not be realized.