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(영문) 부산지방법원 2016.07.06 2015가단14514

임대료등

Text

1. The Defendant’s KRW 5,083,00 and the Plaintiff’s annual rate of KRW 6% from February 1, 2015 to July 6, 2016.

Reasons

1. Basic facts

A. On September 17, 2008, the Plaintiff entered into a lease agreement with the Defendant, setting the fourth floor of the 5th floor of the 5th floor in Busan-gu, Busan-gu, the term of lease from September 30, 2008 to September 30, 2010, the lease deposit amount of KRW 30,000,000,000, monthly rent of KRW 17,000,000,000,000,000,000,000 won per month, and the management fee of KRW 1,60,000 per month.

B. Around that time, the Defendant paid KRW 30 million to the Plaintiff, received delivery of the instant real estate, and operated an entertainment drinking house (hereinafter “instant main shop”) with the trade name “D”.

C. The instant lease agreement was implicitly renewed by not later than the expiration date of the said lease term, but it did not express any intent to terminate or change the terms and conditions of the lease between the Plaintiff and the Defendant.

The defendant does not pay rent and management expenses due to a business depression.

On March 2013, the business was discontinued.

Around May 2013, the Defendant expressed that the Plaintiff is unable to operate the instant main store and that the instant lease contract is terminated, and the Defendant renounced all rights to the instant main store and main store fixtures, and allowed the Plaintiff to dispose of the Plaintiff voluntarily. From the above date and time, the Plaintiff colored the new lessee of the instant real estate from the above point of time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, 8, 13 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Defendant did not pay a monthly rent of 1.7 million won (excluding surtax), management expenses, and heavy taxation on amusement facilities under the instant lease agreement.

On March 3, 2013, the business was unilaterally suspended, and the unpaid rent calculated as of January 31, 2014 is KRW 70,018,182 (Separate Table 7,001,818), management expenses are KRW 9,949,649, and heavy taxation on amusement facilities is KRW 36,50,850.

Therefore, the Defendant calculated the remainder of KRW 93,476,49 from the sum of the above arrears to the Plaintiff 123,476,499 after deducting KRW 30 million from the lease deposit.