(영문) 대구지방법원 2019.06.26 2018나9089 | 리걸엔진

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(영문) 대구지방법원 2019.06.26 2018나9089

대여금

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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. Basic facts

A. The Plaintiff leased part of the land located in Daegu-gu C as the monthly rent of KRW 200,000 to the Defendant.

B. On March 10, 2008, the Plaintiff filed with the Daegu District Court an application against the Defendant for a payment order claiming “4.2 million won in total and twenty percent (200,000 won in arrears until December 15, 2007)” against the Defendant.

Daegu District Court 2008Ka2778, hereinafter referred to as "previous payment order").

A) On March 21, 2008, the previous payment order was served on the Defendant’s domicile, and the wife received the order. C on April 5, 2008, the above site was sold to D Co., Ltd. through voluntary auction on June 10, 201. D. The Plaintiff filed an application for the instant payment order for the interruption of extinctive prescription against the Defendant. The Defendant raised an objection to the suspension of extinctive prescription against the Defendant, and was discharged as a lawsuit. [Grounds for recognition] The Defendant did not dispute, Gap’s evidence Nos. 1 through 5 (including a serial number; hereinafter the same shall apply), and the purport of the entire pleadings.

2. Determination on the cause of claim and the defendant's assertion

A. Comprehensively taking account of the overall purport of Gap evidence Nos. 2, 3, and 5 as to the cause of the claim, the plaintiff sent a content-certified mail to the defendant on December 18, 2007, stating that "4,200,000 won in arrears shall be urged until December 15, 2007," and the defendant sent to the plaintiff on December 31, 2007, a letter of answer with the purport of seeking understanding, and the plaintiff prepared a book of 3,70,000 won in arrears of the defendant on December 15, 209 (the defendant's repayment of KRW 500,00) (the defendant's repayment of KRW 500,00) with the meaning of confirming the contents thereof.

In full view of the above facts and the above facts, the defendant did not pay 3.7 million won the difference.

Therefore, the defendant shall pay the plaintiff the overdue rent of 3.7 million won and the following day after the previous payment order was served on the defendant, except in extenuating circumstances.

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