logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원강릉지원 2015.03.31 2014나1826
대여금및임대료
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. The following facts are found to be without dispute between the parties or recognized by considering the overall purport of the pleadings as a whole in each entry in Gap evidence 1 to 3, Eul evidence 5-1 and 5-2:

A. On August 10, 2008, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff with the content that the lease agreement shall be 120 square meters, low temperature storage 1 Dong, container stuff, 1 behind warehouse (hereinafter collectively referred to as the “instant building”), lessee’s wife D, rent of KRW 300,000 per month, and five years from August 10, 2008.

B. The Plaintiff asserts that the Defendant lent KRW 5 million to the Defendant is the Plaintiff’s investment in mushroom cultivation business granted by the Plaintiff, but there is no ground to acknowledge it. Rather, according to the written confirmation (Evidence A 3, the Defendant asserted that it was written by the Plaintiff’s coercion, but no evidence exists to acknowledge it), it is reasonable to view that the Defendant borrowed KRW 5 million from the Plaintiff. Accordingly, the Defendant’s above assertion is rejected.

The defendant paid 1.2 million won to the plaintiff during the lease term.

C. On April 5, 2010, the Defendant terminated the above lease agreement and delivered the instant building to the Plaintiff. The Plaintiff prepared a written confirmation stating that “The Plaintiff will pay KRW 600,000 won per day on April 5, 2010 for the amount of KRW 5 million borrowed by the Plaintiff, and the remainder KRW 1 million out of KRW 4.4 million shall be repaid by April 10, 2010, and the remainder of KRW 3.4 million and unpaid rent shall be repaid in the future.”

The defendant paid 1.6 million won to the plaintiff.

2. According to the facts of the above recognition, the defendant's rent of 4.75 million won [the monthly rent of 5.7 million won x 19 months] 2.5 million won (the monthly rent of 300,000 won x 19 months) to the plaintiff

4. up to May 20 ± 30 days ¡À 300,00) - the term rental fee of 1.2 million won shall be imposed.

arrow