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(영문) 의정부지방법원고양지원 2014.12.18 2014가단21543

건물인도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) As from June 1, 2014, KRW 9,950,00 and the above.

Reasons

1. On August 14, 2012, the Plaintiff: (a) determined on August 14, 2012 as a deposit of KRW 15 million, monthly rent of KRW 1100,000 (including value-added tax) to the Defendant on the attached list (hereinafter “instant real estate”); and (b) leased the real estate up to August 31, 2014; (c) the Defendant agreed to pay additional charges of KRW 1.5% per month to the Plaintiff for overdue rent if the monthly rent is overdue; (d) the Defendant paid the deposit of KRW 15 million to the Plaintiff; (e) the Defendant paid the unpaid rent of KRW 2.1 million to the Plaintiff by May 31, 2014; and (e) the late payment charge of the unpaid rent of KRW 2.85,00,000 (including value-added tax); or (e) the purport of the entire pleadings and arguments as to the unpaid rent of KRW 1 through 500,000,00 to the Plaintiff, barring any special circumstance.

2. On September 2013, the Defendant asserts that, as the agent C, was to deliver the instant real estate to the head of the sales office of the instant real estate building around September 2013, and to settle all the unpaid rents of KRW 15 million, etc., the Defendant has no obligation to deliver the instant real estate or to pay unjust enrichment equivalent to the unpaid rents or rents. However, the Defendant’s assertion is insufficient to acknowledge the Defendant’s assertion solely based on the evidence No. 2, and there is no other evidence to acknowledge it. Therefore, the Defendant’s assertion is without merit.

In addition, the defendant asserts that the plaintiff cannot issue a tax invoice to the defendant by closing the business around July 2013. Thus, the defendant does not have an obligation to pay an additional tax in addition to the monthly rent. However, there is no evidence to acknowledge the defendant's above argument, and the defendant's assertion on this part is well-grounded.