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(영문) 서울중앙지방법원 2015.04.01 2014나60162
추심금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning for the court’s explanation of the instant case is as follows, except for the addition of the following judgments as to the matters alleged by the Plaintiff in the appellate trial, and therefore, it refers to the grounds for the first instance judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. Unlike the lease contract of KRW 80,00,000, monthly rent of KRW 3,000,000, or KRW 7,000,000, which the Plaintiff asserted by the Defendants in order to report at a tax office, it constitutes a juristic act with a content contrary to the Punishment of Tax Evaders Act or Article 103 of the Civil Act, as it constitutes a juristic act with a content that violates good customs and other social order under the Punishment of Tax Evaders Act.

Therefore, the monthly rent should be deducted from KRW 3,000,000.

B. Even if the Defendants reported the monthly rent to the tax office different from the original contents of the lease agreement and is punished pursuant to the relevant laws and regulations, such circumstance alone alone does not lead to a violation of the mandatory rental agreement or a violation of social order. Therefore, the Plaintiff’s above assertion is without merit.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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