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(영문) 대전지방법원서산지원 2020.10.27 2020가단53618

임대료

Text

The defendant's KRW 2.1 million and its KRW 1.6 million among the plaintiff's KRW 5% per annum from July 31, 2018 to October 13, 2020.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 1 through 3 and Eul evidence Nos. 1, the plaintiff and the defendant entered into a lease agreement with the plaintiff around January 1, 2016, setting the lease agreement as 24 months from January 1, 2016 to December 31, 2017 (hereinafter "the lease agreement in this case"). The defendant, upon delivery of the leased object from the plaintiff and engaged in the logistics business with the trade name "E", paid KRW 5 million, KRW 1050,000 per month (the additional dues shall be paid at 30 days per month, but the late 10% per month shall be 10,000,000 per month), and the defendant shall pay the remaining amount to the plaintiff up to 20,000 won per annum 1,000,000 won per annum 2,000,0000 won per annum 1,208.

2. The Plaintiff seeks payment of KRW 3,675,00,000,000,000,000,000 from February 1, 2018 to December 31, 2020, as well as the overdue rent of KRW 11.6 million on the instant payment note.

However, the fact that the defendant restored the object of the lease of this case to its original condition on October 2018 and moved out is as seen earlier, and Articles 636 and 635 of the Civil Act provide that if there is no agreement on the term of lease, or if there is no agreement on the term of the lease, the right to terminate is withheld within one month after the lessee is notified of the termination. Thus, there is no provision that the right to terminate in the lease of this case is excluded, and according to the evidence No. 1, the lessor may sell or alter the land during the term of the lease.