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(영문) 수원지방법원 2014.10.30 2013가단91067

임대료

Text

1. The Defendants pay 28,325,000 won to the Plaintiff.

2. The plaintiff's remaining claims against the defendants.

Reasons

1. Basic facts

A. On November 1, 2007, the Plaintiff entered into a lease agreement with the networkF, G, and H (hereinafter collectively referred to as “the networkF, etc.”) on November 1, 2007 with respect to the whole of the three-story buildings owned by the Plaintiff on the ground D and E (hereinafter “instant building”) (hereinafter referred to as “the instant lease agreement”) and KRW 20 million on November 1, 2007, with respect to the amount of deposit KRW 10,500,000 (hereinafter referred to as “the instant lease agreement”).

B. At the time of the conclusion of the instant lease agreement, G and H enter into the instant trade agreement (hereinafter “instant trade agreement”), and the network F (three persons) as joint business operators and completed business registration at the location of the instant building with the trade name of “I,” the network F (three persons) operated the restaurant (hereinafter “instant business”) with the trade name of “I,” from the instant building.

C. The instant lease agreement was later renewed and terminated on June 2013, and the term of the contract expired, and the Plaintiff was handed over from the networkF, etc. around June 2013.

In April 2010, the networkF et al. did not pay a total of KRW 256,650,000 from the date of delinquency of the rent of KRW 3 million until May 2013.

E. The networkF died on August 30, 2013, and the Defendants, who are children of the networkF, inherited the networkF’s property in their respective shares of 1/2.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3 (including each number, hereinafter the same shall apply), Eul evidence 1, witness G's witness G's testimony, the purport of the whole pleadings

2. Determination as to the cause of claim

A. As seen earlier, the total amount of the rent unpaid by the networkF, etc. under the instant lease agreement is KRW 256,650,000, and the Plaintiff is the one who deducteds KRW 200,000 from the lease deposit. As so, according to the Plaintiff’s request, the networkF is obligated to pay KRW 56,650,000 (=256,650,000- 200,000), which is the remainder after deducting the lease deposit from the said unpaid rent, to the Plaintiff, and the Defendants who succeeded to the assets of the networkF, are obligated to pay KRW 56,650,00,00, which is the remainder after deducting the lease deposit from the said unpaid rent (=256,650,000,000).