logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2017.06.08 2016나14318
추심금
Text

1. Of the judgment of the court of first instance, the Defendant amounting to KRW 17,320,000 to the Plaintiff and the Plaintiff’s amount from June 10, 2016 to June 8, 2017.

Reasons

1. Determination on the cause of the claim

(a) The following facts of recognition are not in dispute between the parties, or may be recognized by comprehensively considering the respective entries and arguments in Gap evidence 1 to 3, and Eul evidence 4 (including additional numbers), and there is no counter-proof.

1) On March 17, 2014, the Defendant is Nonparty C Co., Ltd. (former trade name: D; hereinafter “Nonindicted Company”).

) The portion of “G” part of the third floor of the Cheongju-si F Ground Building from Nonparty E, the representative of Nonparty E, was set at KRW 50 million from March 27, 2014 to March 16, 2016, and leased KRW 4 million from March 27, 2016 from March 27, 2014 to March 16, 2016 (hereinafter “instant lease agreement”). (The instant lease agreement”).

(2) Based on the authentic copy of an executory deed on February 16, 2015, the Plaintiff received a claim attachment and collection order from the non-party company to the non-party company as the debtor and the defendant as the third obligor, with respect to KRW 70 million among the rent claims held by the non-party company against the defendant under the instant lease agreement. The said order was served on the Defendant on February 24, 2015.

3. On May 4, 2016, the Defendant sent to the above E, the representative of the non-party company, a content-certified mail containing an indication of intent to terminate the instant lease agreement. The same month.

9. The above content-certified mail was sent.

Meanwhile, until July 14, 2016, the Defendant occupied the above “G”, which is the leased object, and operated a golf range.

B. According to the determination 1, the instant lease agreement was implicitly renewed pursuant to Article 639(1) of the Civil Act because the non-party company did not raise any objection within a considerable period of time even though the Defendant continued to use or benefit from the leased object until March 16, 2016, which is the expiration date of the lease term. However, the Defendant’s content-certified mail on May 4, 2016, which included the Defendant’s expression of intent to terminate the instant lease agreement, is the same month.

9. The Civil Code is to reach the above E.

arrow