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(영문) 창원지방법원통영지원 2019.11.14 2019가단4358
임대차보증금
Text

1. The defendant shall pay 50,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

Basic Facts

On July 6, 2009, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on deposit 50,000,000, monthly rent of KRW 350,000, and the period from July 6, 2009 to July 24, 2009 with respect to the instant building D (hereinafter “instant store”) owned by the Defendant. The Plaintiff sent to the Defendant any content-certified mail containing the Defendant’s intent to terminate the instant lease agreement on May 28, 2019, when the instant lease agreement was explicitly renewed, etc., or may be recognized by the purport of the evidence No. 1 and all pleadings.

Judgment

According to Article 10 (4) of the Commercial Building Lease Protection Act, if a lessor fails to notify the lessee of the refusal to renew or to notify the lessee of the change of the terms and conditions within six months from the expiration of the lease term, the lease shall be deemed to have been renewed under the same conditions as the former one at the expiration of the lease term, and in such cases, the term of the lease shall

The instant lease agreement has been repeatedly renewed on July 6, 2018, and the term of the lease was extended by July 5, 2019, and the term of the lease was extended by July 5, 2019. The Plaintiff’s declaration of termination on May 28, 2019 was not renewed any longer, and the term terminated on July 5, 2019.

Therefore, the defendant is obligated to pay 50,000,000 won to the plaintiff.

In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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