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(영문) 대전지방법원 2018.05.31 2017나8546
임료
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. In full view of the purport of the argument in Gap evidence No. 1 as to the cause of the claim, the plaintiff entered into a lease agreement between the defendant around July 1, 2006 and the defendant to lease the C factory at the monthly rent of KRW 1.5 million (hereinafter "the lease agreement in this case"). The defendant, on October 25, 2008, entered into a written settlement of the unpaid rent payment amount (hereinafter "the settlement agreement in this case") with the plaintiff on October 31, 2008, stating that "25 million won shall be settled and the above amount shall be repaid each month as soon as possible." Thus, the lease agreement in this case can be acknowledged to be terminated on October 31, 2008, barring any special circumstance, the defendant is obligated to pay the plaintiff the rent of KRW 25 million and delay damages.

2. The defendant's defense that the plaintiff's claim in this case should be dismissed since the three-year extinctive prescription of the plaintiff's claim for rent has expired.

On the other hand, the Plaintiff’s claim for rent constitutes “a claim for the purpose of paying money within a period of not more than one year” under Article 163 subparag. 1 of the Civil Act and the three-year extinctive prescription applies. As seen earlier, the Plaintiff’s claim for rent was terminated on October 31, 2008. As such, the Plaintiff’s claim for rent was terminated at the latest, and the maturity date of October 31, 2008, which is the date of termination of the above lease agreement and the date of maturity of payment on October 31, 2008, which is the date of settlement in the instant settlement statement. Since the instant lawsuit was filed on February 27, 2017, the Plaintiff’s claim for rent was complete.

Therefore, the defendant's defense is justified.

3. Judgment on the plaintiff's assertion

A. As to this, the Plaintiff asserts that the ten-year extinctive prescription is applied pursuant to Article 162(1) of the Civil Act by converting the rent claim into the agreed amount claim pursuant to the instant settlement statement.

In light of the content of the settlement of this case, the defendant confirmed the balance of the existing obligation.

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