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(영문) 청주지방법원 충주지원 2018.05.29 2017가단4693
임대료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion, along with the husband’s husband, leased E- orchard 660 square meters, F orchard 1,425 square meters, and newly constructed the 39.89 square meters of the office of the first floor, the second class neighborhood living facilities, the second class neighborhood living facilities, the second class neighborhood living facilities, the second class neighborhood living facilities, 399.89 square meters (hereinafter “the instant building”) on November 19, 2010, when the Plaintiff owned the network D (hereinafter “the network”).

On September 10, 2012, the Deceased entered into a lease agreement with the Defendant on a deposit deposit of KRW 50 million, monthly rent of KRW 2 million, and the period of September 9, 2014 (hereinafter “instant lease agreement”). Although the lessor is the Deceased, the lessor is the deceased, the instant building was substantially granted the Plaintiff’s deposit account.

In the meantime, the Deceased died on December 2, 2014. The deceased’s wife G provisionally seized the Plaintiff’s claim for rent against the Defendant, and the Plaintiff was not paid KRW 64 million in total for 32 months from February 10, 2015 to November 9, 2017.

Therefore, the Defendant is obligated to pay the said unpaid rent of KRW 64 million to the Plaintiff, and the Defendant is obligated to pay the rent calculated at the rate of KRW 2 million per month from November 10, 2017 to KRW 2 million.

B. 1 Generally, who is the party to the contract is a matter of interpretation of the intent of the party involved in the contract.

The interpretation of a declaration of intent is to clearly define the objective meaning that the parties have given to the act of indicating it, and where the contents of any contract are written in writing, which is a disposal document, it shall not be written, but shall reasonably interpret the objective meaning that the parties have given to the act of indicating it according to the contents of the document, regardless of the internal intent of the parties. In this case, the objective meaning of the text is clear.

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