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(영문) 울산지방법원 2020.10.15 2019나1527
임대료
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. With respect to the judgment of the court of first instance, which was rendered on October 1, 2013 by the Defendant, the legality of the appeal of this case, the Defendant filed an appeal for subsequent completion on September 11, 2019. In full view of the records and the overall purport of the pleadings in this case, the first instance court proceeded with the litigation by means of service by public notice from the duplicate of the complaint against the Defendant. On September 3, 2019, the Defendant, after being served with a seizure collection order issued by the court on September 3, 2019, appears to have known of the pronouncement of the judgment of the first instance and the fact of serving the original copy of the judgment by public notice. Accordingly, the appeal of this case, which was

2. Facts of recognition;

A. On February 25, 2010, the Plaintiff’s wife: (a) on behalf of the Plaintiff, leased D Apartment E, U.S., Ulsan-gun, U.S., U.S., U.S., U.S. to the Defendant for rent KRW 250,000; and (b) from February 19, 2010 to February 19, 2012.

(B) The contract is written by the Plaintiff F as a lessor, but it seems to be written in convenience in order to be paid to the account in the name of F.

From March 5, 2010 to February 22, 2011, the Defendant paid KRW 2,504,000 to the Plaintiff as the rent for the lease.

(4,000 won out of the above money was paid as an interest on the rent on March 2010). [Grounds for recognition] The fact that there is no dispute, entries in Gap evidence 1 and 2, and the purport of the whole pleadings.

3. According to the above facts of recognition, the defendant's total amount of KRW 3,500,000 that is unpaid to the plaintiff = (monthly rent 250,000 x 24 months) - 2,50,000 that the defendant paid to the plaintiff (4,000 won as interest) is excluded.

) Of the Plaintiff’s claim, 3,00,000 won and damages for delay calculated at the rate of 20% per annum as stipulated in the main text of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from June 29, 2013 to the day of full payment, which is the day following the day of service of a copy of the complaint of this case, and the main text of Article 3(1) of the former Act on Special Cases concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015).

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