기타(금전)
1. The Defendant’s KRW 38,160,257 with respect to the Plaintiff and KRW 5% per annum from October 16, 2019 to January 7, 2020.
In fact, on September 10, 2018, D Co., Ltd. (hereinafter referred to as “Plaintiff”) (hereinafter referred to as “instant lease agreement”) entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with the Defendant on September 10, 2018, which is a trade name before the Plaintiff’s change, with the term of lease from September 11, 2018 to January 11, 2021, the deposit amount of KRW 100 million, and the rent of KRW 8 million per month (excluding value-added tax, and payment on January 11, 201).
The terms and conditions of the instant lease agreement are as follows.
Paragraph 1 of this Agreement is a contract succeeding to a comprehensive acquisition of the contract with the former owner G et al. and seven other owners entered into on December 28, 2017.
Various taxes, such as public charges and environmental improvement charges generated by goods during the term of lease referred to in paragraph (3), and the maintenance of underground water and its own electric/fire-fighting facilities, and compliance and burden of various Acts and subordinate statutes shall be borne and liable by the lessee.
The remainder date of the lease deposit under Paragraph 4 shall be agreed to enter into a contract without the fixed date and shall be 12% per annum from the delivery date of the real estate until January 11, 2019 until the full payment of the unpaid deposit amount is made (50,000 won per annum) and 24% per annum thereafter (1 million won per month) shall be transferred to the head of the Tong designated on the 11th day of each month, separate from the rent.
Paragraph 6. 50 million won of the down payment is agreed to offset the deposit with the existing owner.
The lessee shall bear all charges, taxes, etc. incurred from business activities of the real estate, such as environmental improvement charges, traffic congestion charges, management expenses, etc. under paragraph (7).
On September 11, 2018, the Plaintiff transferred the instant commercial building to the Defendant.
In September 30, 2019, interest on delayed payment of rent in arrears as of September 30, 2019 and the terms of the Special Agreement on the Lease Contract of this case, 28.9 million won in total, and management expenses in arrears are 9,260,257 won in total.
[Reasons for Recognition] In the absence of dispute, Gap evidence Nos. 1-3, Eul evidence No. 1, and judgment as to the ground for appeal as a whole.