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(영문) 인천지방법원 2019.06.14 2017나10817 (1)
월차임
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. According to the records of this case as to the legitimacy of the appeal of this case, the first instance court rendered a judgment citing the Plaintiff’s claim on July 20, 2016 after serving a duplicate of the complaint and the notice of the date of pleading on the Defendant by public notice, and subsequently serving the Defendant with the entire notice of the date of pleading on July 20, 2016. The original of the judgment also served on the Defendant by public notice. The Defendant becomes aware of the fact that the judgment of the first instance was rendered by being inspected upon being issued the original copy of the judgment of the first instance on October 18, 2017, and can be recognized that the Defendant filed the appeal of this case on October 2

Therefore, the Defendant could not comply with the peremptory appeal period, which is the peremptory period, due to a cause not attributable to the Defendant, and filed a subsequent appeal within two weeks from the date on which the cause ceases to exist. Therefore, the instant subsequent appeal is lawful.

2. The facts under the underlying facts may be found either in dispute between the parties or in accordance with Gap evidence 1 and Eul evidence 1, taking into account the whole purport of the pleadings.

On October 15, 2012, the Plaintiff and the Defendant indicated that the lessor was the Plaintiff, lessee, and the lessee of Gyeyang-gu Incheon apartment D (hereinafter “instant apartment”) owned by the Plaintiff as the Defendant of the lease, set up a lease contract with the lease deposit of KRW 20 million from October 15, 2012 to October 15, 2014, and entered into a special agreement on the said lease contract as follows: “The deposit amount of KRW 20 million shall be KRW 600,000 per month as the 15th day of each month.”

(hereinafter “instant lease agreement”). B.

The defendant completed the move-in report on the apartment of this case on October 15, 2012, and received the fixed date and resided in the apartment of this case for two years from February 2013.

3. The assertion and judgment

A. 1) The Plaintiff claims against the Defendant for the payment of the rent of KRW 14.4 million (i.e., KRW 6 million x 24 months) and the delay damages pursuant to the instant lease agreement. (ii) The Defendant, and ① the Plaintiff.

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