(영문) 대전지방법원 2021.01.21 2019나116427

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(영문) 대전지방법원 2021.01.21 2019나116427

청구이의

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The plaintiff's appeal is dismissed.

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

The purport of the claim and the purport of the appeal.

Reasons

1. Basic facts

A. On September 1, 2015, the Defendant entered into a lease agreement with C on a commercial building listed in the attached Form (hereinafter “instant building”) stating that deposit of 50 million won for the lease, monthly rent of 2.5 million won for the building (hereinafter “the instant building”), and two years from the date of the lease agreement, but the lease deposit of 40 million won for the lease deposit of 50 million won shall be paid on the date of the contract, and the remainder of 10 million won shall be paid by March 1, 2015 (hereinafter “the previous lease agreement”). C paid deposit of 40 million won for the lease deposit of 40 million won and did not pay the remainder of 10 million won for the lease deposit of 3 months after March 1, 2015.

On September 21, 2016, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff and C as a joint lessee; KRW 40 million; KRW 1.5 million in monthly rent (the initial date of the rent shall be October 20, 2016); and the term of lease from October 20, 2016 to October 20, 2018 (hereinafter “instant lease agreement”); and in substance, the Defendant did not pay KRW 40 million in the deposit under the previous lease agreement of this case; and concluded a special agreement with the following terms (hereinafter “instant special agreement”).

Article 8 (Matters of Special Agreement)

1. The unpaid monthly rent under the previous lease contract (contractor C) of this case shall be calculated by the end of August 2016, and paid in installments by December 30, 2016.

2. The monthly rent shall be adjusted at the rate of 1.5 million won per month until the expiration date of the contract ( October 20, 2018).

c.3. The lessee will not raise an objection to the legal action that the lessor takes upon immediately deducting the corresponding amount from the deposit under this Agreement when the lessee does not comply with the terms of the above 1 and 2.

The instant lease agreement was terminated on November 23, 2017.

After January 2018, the defendant was unable to accurately memory the delivery date by the witness C of the first instance court around the end of January 2018.

유사 판례

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