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(영문) 창원지방법원 2018.12.20 2018나2152
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. On July 31, 2017, the Plaintiff entered into a lease agreement with the Defendant and Changwon-si Office C Officetel Nos. 500,000 won as security deposit, monthly rent of KRW 350,000,000 as security deposit, and period of lease from July 31, 2017 to October 30, 2017.

(B) The Defendant asserts that the term of lease is until October 31, 2017, but according to the written lease agreement between the parties, the term of lease is recognized as October 30, 2017).

On October 31, 2017, the Defendant delivered the instant officetel No. D to the Plaintiff, and paid KRW 1,247,490 in total as rent and electricity tax from July 31, 2017 to October 31, 2017.

C. Meanwhile, on October 28, 2017, the Plaintiff entered into a lease agreement with E and the instant officetel D with the lease term as from October 30, 2017, and received KRW 100,000 from E, but E attempted to move into the instant officetel on October 30, 2017, but the Plaintiff was not able to move into the instant officetel, and the Plaintiff paid KRW 200,000,000,000,000,000 for the down payment to E.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including a branch number), and the result of the financial transaction information meetings to FFFFFFFFF branch in the first instance court, the purport of the whole pleadings

2. The Plaintiff asserted and determined that: (a) on October 30, 2017, the expiration date of the lease term, the Defendant incurred damages from compensating other tenants for penalty of KRW 200,000 due to the Defendant’s failure to put the instant officetel No. d, thereby compensating them for damages; and (b) the Defendant used the leased object on October 31, 2017, which is after the expiration of the lease term, the lease contract with the Defendant was implicitly renewed.

It argues that the monthly rent should be paid in full, more than once a day.

According to Article 639 of the Civil Code, where a lessee continues to use or take profits from the leased object after the term of lease expires, the lessor has not raised an objection within a reasonable period.

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