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1. The plaintiff's appeal and the claim extended in the trial are dismissed, respectively.
2.(a) At the request added in the trial, .
Reasons
1. Basic facts
A. On November 24, 2009, the Defendant leased from the Plaintiff, in the form of KRW 10,000,000 monthly rent of KRW 1,00,00 (in addition to value-added tax, KRW 24% per annum on the 15th day of each month), from December 16, 2009 to December 15, 2010 (the lessee’s written application (or oral application) the lease deposit of KRW 10,00,000 (in addition, value-added tax, KRW 15,00 per annum), the lease term of KRW 1,00,000).
B. On December 4, 2004, the Defendant paid 10,000,000 won to the Plaintiff as security deposit. On December 16, 2009, the Defendant received the instant real estate from the Plaintiff on or around December 16, 2009, and thereafter paid 1,100,000 won on December 28, 2004 as security deposit, and thereafter did not pay it thereafter.
C. On March 12, 2010, on March 15, 2010, the Defendant sent to the Plaintiff a document verifying that the instant lease agreement will be terminated, but all of them were returned. At that time, the Defendant retired from the instant real estate.
On December 28, 2011, the Defendant filed a lawsuit against the Plaintiff for the repayment of the lease deposit with the court 2011Gada2793460, but was sentenced to a full dismissal decision on the ground that the instant lease contract cannot be recognized as terminated, and the judgment became final and conclusive.
【Ground for Recognition: Facts without dispute, Gap evidence Nos. 1-2, Eul evidence No. 3-4, the purport of the whole pleadings】
2. The parties' assertion
A. The Plaintiff’s assertion is based on the premise that the instant lease agreement was terminated on December 10, 2013, on the premise that it continued to exist by implied renewal even after the expiration of the term, and that it was terminated on or around December 10, 2013, both the unpaid monthly rent and late payment charges, management fees and late payment charges incurred up to the time, and damages for delay.
B. As to the Defendant’s assertion, the instant lease agreement had already been terminated on March 15, 2010, and was terminated at least on December 15, 2010 without implied renewal, and the Defendant’s lease term expires.