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(영문) 수원지방법원 2016.11.24 2015나24307
손해배상
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 1, 2, and 9.

The plaintiff is a processing and selling company of livestock products, and the defendant is the owner of the first underground floor and the third floor building in Ypo-si B.

B. On April 27, 2013, the Plaintiff entered into a lease agreement with the Defendant on the condition that the Plaintiff shall lease the whole of 306 square meters of the second floor among the above buildings owned by the Defendant (hereinafter “the instant building”) from April 27, 2013 to April 27, 2015, the lease deposit amount of KRW 23,000, the lease deposit amount of KRW 23,000, the rent of KRW 230,000, the rent of KRW 230,000, and the rent of KRW 230,000 on the 28th day of each month, respectively, and the Defendant may suspend the supply of electricity, water, etc. to the Plaintiff (hereinafter “the instant lease agreement”). From that time, the Plaintiff was transferred the instant building and used it as a processed livestock product plant.

C. As the Plaintiff did not pay the rent that was agreed upon under the instant lease agreement, on June 24, 2014, the Defendant sent to the Plaintiff a written notification stating that the Plaintiff would conduct a part of the instant building according to the instant lease agreement without paying the rent that was overdue (hereinafter “instant notification”) by content-certified mail, which was served on the Plaintiff around that time.

Nevertheless, as the Plaintiff did not pay the overdue rent, the Defendant issued a written notification to the Plaintiff on July 1, 2014, stating that if the Plaintiff did not pay the overdue rent up to 09:00 on July 4, 2014, the Plaintiff would take measures for cutting down the instant building on July 10, 2014 according to the instant special agreement (hereinafter “instant notification”).

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