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(영문) 부산지방법원 2018.12.07 2018나45473
임대차보증금반환
Text

1. All appeals against the instant principal lawsuit and counterclaim by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The appeal costs.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On November 2, 2012, the Plaintiff entered into a lease agreement with the Defendant, setting the lease term as between KRW 3,00,000, KRW 630,000 per month of rent (prepaid on November 2, 2012), and between November 2, 2012 and November 1, 2013 (hereinafter “instant lease agreement”). The Defendant handed over the instant officetel to the Plaintiff around that time.

B. Even after the expiration of the first term of lease, the Plaintiff continuously occupied and used the instant officetel through the renewal of the contract, and delivered the instant officetel to the Defendant on April 25, 2017.

C. The Plaintiff paid all the rent to the Defendant until April 25, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, 4, and 6, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion that the instant lease agreement was terminated on April 25, 2017 according to the agreement between the Plaintiff and the Defendant.

Therefore, the defendant is obligated to pay to the plaintiff KRW 3,000,000 and damages for delay.

B. The following circumstances acknowledged by each of the above evidence, Gap evidence No. 5, and the purport of the entire pleadings, namely, (i) the Plaintiff sent the Defendant a message wishing to terminate the instant lease agreement on March 26, 2017; (ii) the Defendant sent the message to the Defendant for a limited period of time; and (iii) the Plaintiff sent the instant officetel to the Defendant on March 27, 2017, on the premise that the date of directors was determined on April 25, 2017; and (iv) the Plaintiff sent the message to the Plaintiff on April 3, 2017, on the premise that the date of directors was April 25, 2017.

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