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(영문) 부산지방법원 2017.03.10 2016가단305859

자동차소유권이전등록절차이행등

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1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 106,882,04 and the interest rate thereon from June 17, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. On November 6, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) on the following terms with respect to the portion of 1st floor and 4875.68 square meters among the 4842.9 square meters and the 2nd floor of ground storage facilities owned by the Plaintiff, and the part of 1635.688 square meters and the 4875.3 square meters and used by the Plaintiff (hereinafter “instant real estate”).

(1) Term of lease: (ii) rents for two years from December 1, 2014 to November 30, 2016: 40,000,000 won per month (excluding surtax) and, in the event of arrears, arrears calculated by the rate of 5% per annum shall be paid by adding thereto.

(3) Method of payment of rent: The lessor shall claim on the first day of each month, and the lessee shall be paid on the 15th day of the current month.

(d) Rent deposit: A two-month rent shall be deposited with the lessor at interest rate;

(5) Termination of a contract: A lessee may terminate a contract when he/she has transferred a sub-lease or right to a third party without approval of a lessor or has delayed the payment of rent for not less than 30 days.

B. Defendant 1 paid KRW 80,000,000 deposit to the Plaintiff under the instant lease agreement, and began to delay the rent from July 2015 while taking over and taking profits from the instant real estate from the Plaintiff.

Accordingly, around August 24, 2015, the Plaintiff urged Defendant 1 to pay the overdue rent, and notified Defendant 1 of his/her intention to terminate the instant lease agreement as of August 31, 2015 if he/she fails to do so.

C. After that, the Plaintiff returned the instant real estate from Defendant 1 on or around September 2015. As a result, Defendant 1 deducted deposit, etc. from the rent, etc. that was not paid to the Plaintiff up to that time, Defendant 1 would be the settlement amount that Defendant 1 would pay to the Plaintiff as follows.

1) Rent, etc. (1) From July 2015 to August 2015, 2015: 88,000,000 won = 44,000,000 won (including value-added tax x 22.6 to July 2015).