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1. The Defendant’s KRW 7,630,383 as well as the Plaintiff’s annual rate of 5% from March 21, 2014 to April 23, 2014, and the following.
Reasons
1. Under the premise that the Plaintiff agreed on the monthly rent of KRW 2.4 million (excluding value-added tax), the Plaintiff asserts that the Defendant, the lessee, filed a claim for the payment of KRW 18,630,583 in total of the overdue rent and the management expenses from July 1, 2013 to February 4, 2014, and the delay damages therefor, and the Defendant asserted that the monthly rent was changed to KRW 1,00,000.
2. Determination
A. Where a party to a contract prepares in writing a disposal document, the content of a contract shall not be cited in the phrase used in the document, but it shall reasonably interpret the objective meaning that the party gives to the expression in the document, regardless of the party’s internal intent, and if the objective meaning of the text is clear, the existence and content of the expression of intent shall be acknowledged according to the language, unless there are special circumstances.
(2) In light of the aforementioned legal principles, the Plaintiff and the Defendant concluded a lease agreement with the Defendant on May 31, 2013, setting the lease deposit amount of KRW 10 million, monthly rent of KRW 240,000 (excluding value-added tax), and the lease term of KRW 10,000 from July 1, 2013 to June 30, 2015 (see Supreme Court Decision 201Da4471, Nov. 29, 2012). The Plaintiff and the Defendant concluded a lease agreement with the Defendant and the Defendant on May 31, 2013 (hereinafter “instant store”) on the lease deposit amount of KRW 32,00,00,000,000,000,000,000 won was monthly rent of KRW 1,000 (excluding value-added tax) as of July 1, 2013; the Plaintiff and the Defendant asserted that the lease agreement was not concluded between the Plaintiff and the Defendant on July 1317, 2019, 20197.