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(영문) 인천지방법원 2017.04.07 2016나6323

차임등

Text

1. The judgment of the first instance, including the plaintiff's claim extended by this court, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. On November 5, 2003, the Plaintiff delivered the above factory to the Defendant on December 1, 2003, on a deposit amounting to KRW 12 million, monthly renting to KRW 12 million, from December 1, 2003 to November 30, 2005 (hereinafter “instant lease agreement”), and on December 1, 2003, the Plaintiff delivered the above factory to the Defendant.

B. Around January 2009, the Defendant changed the Plaintiff’s rent to KRW 1.1 million per month, and impliedly renewed the instant lease agreement. On June 30, 2012, the Defendant terminated the lease agreement and delivered the said factory to the Plaintiff on the same day.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The Defendant paid to the Plaintiff the sum of KRW 16,16,49,40 out of KRW 16,59,592, KRW 16,48,00 among the total rent and management expenses in 2005 under the instant lease agreement, KRW 8,261,00 among the total management expenses in 2005, KRW 16,824,020 among the total management expenses in 16,824,020, KRW 15,621,932, KRW 18,149,064 among the total management expenses and management expenses in 204, KRW 17,032,438, KRW 163,56, KRW 566, KRW 209, KRW 16816, KRW 208, KRW 16416, KRW 205, KRW 20816, KRW 1665,2016, KRW 209, KRW 206164,2065, KRW 206164,29,2004.

In addition, the Plaintiff agreed to be paid an amount equivalent to the value-added tax separately from the Defendant. The Plaintiff filed a claim for value-added tax for the year 2007, claiming that the Plaintiff agreed to separately pay the value-added tax on October 2008 with the Defendant. The Plaintiff issued a tax invoice on rent to the Defendant since before October 2008, and the Defendant also is obliged to pay the amount equivalent to the value-added tax for the year 2007.