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(영문) 대구지방법원 2019.01.17 2018가단109551
보증금반환
Text

1. The defendant shall deliver the leased object stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 50,00,000 to the plaintiff.

Reasons

1. Facts of recognition;

A. On December 20, 201, the Plaintiff, an agricultural company engaged in the distribution, processing, storage, and sale of agricultural products, drafted a lease contract with the Defendant, the representative director of the Plaintiff, and the leased object indicated in the attached Table (hereinafter “instant leased object”) as of December 20, 201, covering KRW 50 million and the period from January 1, 201 to December 31, 2017.

(hereinafter “instant lease agreement”). B.

On January 11, 2012, the Plaintiff paid to the Defendant KRW 50 million in total, as security deposit (transfer to the Defendant’s account), KRW 10 million on January 18, 2012, KRW 10 million on February 9, 2012 (transfer to the Defendant’s account), KRW 10 million on April 5, 2012, KRW 50 million on April 30, 2012, and KRW 10 million on April 30, 2012.

(s) 30 million won shall be paid in substitution and in cash). [Grounds for recognition] There is no dispute, each entry in Gap evidence Nos. 1 through 3, the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff asserts that the instant lease agreement was terminated on December 31, 2017, and thus, the Defendant is obligated to pay the deposit and the damages for delay from the day following the delivery of the duplicate of the instant complaint to the Plaintiff.

As to this, the Defendant asserted that the instant lease agreement continues to exist by implied renewal, and that the leased object of this case was not delivered.

B. According to Articles 639 and 635 of the Civil Act as to the termination of the instant lease contract, if the lessee fails to raise any objection within a reasonable period after the expiration of the lease term, and the lessor continues to use the leased object and take profits therefrom, the lessee shall be deemed to have leased the leased object under the same conditions as the former lease. However, if the lessee is notified of the termination at any time, the lessee may be notified of the termination of the contract, and if the lessee is notified of the termination, the termination becomes effective one month after

According to the purport of the above facts and the entire pleadings, the Plaintiff’s present case even after the expiration of the contract period on December 31, 2017.

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