logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.04.17 2017나73633
보증금반환
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On October 2, 2015, the Plaintiff entered into a lease agreement with the Defendant on the condition that the Plaintiff would rent the instant land from the Defendant during the period from January 2016 to January 20, 2018, with respect to KRW 15,00,000,000, the rent of KRW 800,000, the rent of KRW 20,000, and the period of lease from January 20, 2016, with respect to the land of this case (hereinafter “instant land”).

(hereinafter “instant lease agreement”). B.

After all, the Plaintiff requested the Defendant to terminate the instant lease agreement on January 16, 2017, because it is no longer difficult for the Plaintiff to operate the instant land due to noise, etc. while installing a tent, etc., which is a provisional facility, and operating the instant land.

C. Around February 7, 2017, the Defendant concluded a lease agreement with a new lessee introduced by the Plaintiff on the instant land and received the down payment, and the remaining payment date was set on March 6, 2017.

On March 5, 2017, the day immediately before the remainder date, the Defendant sent a mobile phone text message to the Plaintiff on March 5, 2017, stating that “I am dice text messages with the purport that “I am dice after receiving a container at 30 minutes per month from the 9th day of the day when I am dice.”

E. However, on March 6, 2017, the remainder date, the Defendant sent a text message to the Plaintiff again stating that “I will see Mayn's container Mayn't May's container.” On March 7, 2017, the Defendant sent a text message to the Plaintiff, stating that “I can have a situation where the contract may be difficult, and dyna's dyna's dynasty

F. On March 7, 2017, the Plaintiff sent a text message stating that “I cannot have any choice but any choice but any choice of people and commitments by setting aside with others.”

G. Since then, the Plaintiff asserted that the instant lease agreement between the Plaintiff and the Defendant was terminated on March 6, 2017, and demanded the return of the rental deposit.

H. The Defendant, around June 2017, concluded a monthly contract with the Plaintiff.

arrow