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(영문) 수원지방법원 2017.08.29 2016나77612
임대차보증금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 2 through 4, and 6 as to the termination of the lease agreement, the Plaintiff: (a) on March 27, 2013, the Plaintiff leased KRW 101,00,000 per month for the first floor of the building located in Sungnam-si, a commercial building, and KRW 300,000 (per separate rate for value-added tax and management fee) for the rent from May 7, 2013 to May 6, 2015; (b) paid KRW 50,000,000 (the above lease agreement) after the Plaintiff’s birth, including the Plaintiff’s text messages, to the effect that the instant lease agreement would have been explicitly renewed; (c) on behalf of the Defendant, the Plaintiff would not have been sent to the Plaintiff’s spouse, including value-added tax and management fees; and (d) on behalf of the Plaintiff, the Plaintiff continued to have been sent to the Plaintiff on May 10, 2015.

Therefore, the instant lease agreement was explicitly renewed pursuant to Article 10(4) of the Commercial Building Lease Protection Act, and the termination of January 22, 2016, which was the date following the lapse of three months from October 21, 2015 when the Plaintiff expressed his/her intent to terminate the contract.

(See Article 10(5) of the above Act. Accordingly, on March 15, 2016, three parties, including the Plaintiff, the Defendant’s wife, and D, agree on the settlement of accounts.

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