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(영문) 인천지방법원 2014.09.18 2013나9987
차임등
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 5, 2003, the Plaintiff leased approximately 50,000,000 deposit money, monthly rent of KRW 1,200,000, and its duration from December 1, 2003 to November 30, 205 (hereinafter the instant lease contract) to the Defendant on December 1, 2003, and delivered the instant real estate to the Defendant on December 1, 2003.

B. The Defendant changed the rent to KRW 1,100,000 per month between the Plaintiff and the Plaintiff around January 2009, and agreed to pay the rent in advance at the beginning of the month, and continued the instant lease agreement by implied renewal. On June 30, 2012, the instant lease agreement was terminated and the instant real estate was handed over to the Plaintiff on the same day.

[Ground of recognition] Unsatisfy, Gap evidence No. 1 and the purport of whole pleadings

2. The parties' assertion

A. The Defendant paid KRW 9,449,40 to the Plaintiff the sum of the rent and management expenses in 2004 KRW 16,166,59,40. The sum of the rent and management expenses in 2005 KRW 16,488,00, but the Plaintiff paid KRW 8,261,000 to the Plaintiff. The sum of the rent and management expenses in 2006 KRW 16,824,020, but the sum of KRW 15,621,932 was KRW 18,139,083, but the sum of the rent and management expenses in 207 KRW 17,032,438, and the sum of KRW 16,208, KRW 208, KRW 167,206, KRW 208, KRW 167,200, KRW 37,689,200, KRW 296,296,206,296,29,206,206,296,

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