logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.08.13 2015가단1132
보증금반환 등
Text

1. The Defendant’s KRW 8,710,00 for the Plaintiff and 5% per annum from February 10, 2015 to August 13, 2015.

Reasons

1. Basic facts

A. On June 14, 2004, the Plaintiff entered into a lease agreement with the Defendant to lease the building C (hereinafter “the instant building”) on a deposit basis of KRW 10 million, monthly rent of KRW 400,000,000 from June 14, 2004 to June 14, 2006 (hereinafter “the instant first lease agreement”). The Plaintiff paid the Defendant the deposit money for the lease as stipulated in the instant first lease agreement.

B. On June 14, 2012, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant secondary lease agreement”) to lease the instant building by setting the lease deposit of KRW 10 million, monthly rent of KRW 600,000,000 from June 14, 2012 to June 14, 2013 (hereinafter “instant secondary lease agreement”).

C. The instant secondary lease agreement was explicitly renewed on June 14, 2013 and June 14, 2014 on two occasions.

The monthly rent based on the instant secondary lease agreement has increased to KRW 650,000 from 2013 to KRW 650,000, and the Plaintiff delivered the instant building to the Defendant around February 14, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, and purport of the whole pleadings

2. The assertion and judgment

A. In determining the cause of the instant secondary lease agreement, it is not sufficient to acknowledge that the Plaintiff and the Defendant agreed on November 21, 2014 on the termination of the instant secondary lease agreement on November 21, 2014 only by examining whether the agreement was concluded on November 21, 2014 of the instant secondary lease agreement, and there is no evidence to acknowledge otherwise.

Rather, according to the evidence Nos. 5 and 6, the Defendant notified the Plaintiff on November 17, 2014 that he would terminate the instant secondary lease agreement, and the Plaintiff expressed his intention to refuse termination on November 20, 2014, and even until January 7, 2015, the Plaintiff and the Defendant were also the same.

arrow