(영문) 부산지방법원 2018.12.14 2018나53672

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(영문) 부산지방법원 2018.12.14 2018나53672

건물명도등

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1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows: (a) the additional evidence submitted at the court of first instance, which is insufficient to recognize the defendant's assertion; (b) the statement of evidence Nos. 5, 6, and 7, which is insufficient to acknowledge the defendant's assertion; and (c) the defendant's new argument at the court of first instance is the same as the ground of the judgment, except for adding the following

2. Additional determination

A. Although the Defendants asserted that the Defendants did not delay the monthly rent for ten-months, it should be deemed that the Plaintiff promised not to pay the monthly rent for the reasons that the contract concluded with the Plaintiff was automatically extended several times, and thus, it should be deemed that the Plaintiff promised not to pay the monthly rent for the reasons that the contract was terminated.

Therefore, the Plaintiff cannot terminate the lease contract on the grounds of the monthly payment delay of the Defendants.

B. On April 4, 2013, the Plaintiff and the Defendants entered into a contract with the Defendants to lease the instant building by setting the lease deposit amount of KRW 5 million, monthly rent of KRW 345,00,00 from April 4, 2013 to April 3, 2014 (hereinafter “instant lease contract”). The said contract was renewed several times after the termination of the lease term under the instant lease contract. The Defendants were residing in the instant building even around February 2, 2018, and the Defendants did not pay the Plaintiff a total of KRW 345,00 monthly rent from March 2, 2014 to December 12, 2014, by taking into account the following factors: (a) there was no dispute between the parties; or (b) the Defendants did not pay a total of KRW 1,400,000 from March 1, 2014 to December 2, 2018.

However, the fact that the instant lease agreement has been renewed several times even after the Defendants’ monthly arrears cannot be deemed to have committed an agreement with the Plaintiff not to make the Defendants’ monthly delayed payment as a ground for termination of the instant lease agreement. There is no other evidence to acknowledge the Defendants’ assertion.

Therefore, it is true.

참조조문

-민사소송법 제420조

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