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(영문) 서울동부지방법원 2019.05.17 2018가합104892

기타(금전)

Text

1. As to KRW 494,00,000 and KRW 51,700,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 187,450,00 from December 1, 2017.

Reasons

1. Determination on the cause of the claim

A. 1) On July 31, 2014, the Plaintiff entered into a lease agreement with the Defendant on a deposit amount of KRW 20,000,000 per annum and its ground buildings in Seosan-si, Seosan-si, and the lease period of KRW 16,50,00 per rent (including value-added tax) and 12 months for lease period (hereinafter “instant lease agreement”).

(2) The instant lease agreement was renewed annually.

On the other hand, the Defendant did not pay to the Plaintiff the rent prescribed in the instant lease agreement. The unpaid rent is KRW 506,680,000 ( KRW 57,500,000 in 2014), KRW 78,030,00 in 2015, KRW 176,450,00 in 2016, and KRW 62,70,000 in 200 in 2017.

3) In 2014 and 2015, the Plaintiff lent to the Defendant a total of KRW 156,321,000 (in direct lending KRW 70,721,000 + the amount loaned through Defendant’s representative director D). [In the absence of any dispute over recognition, each entry of KRW 2,4 through 9, and evidence No. 11, and the purport of the entire pleadings, and the purport of the whole pleadings.

B. According to the above facts, the defendant is obligated to pay 663,001,000 won (the unpaid amount of KRW 506,680,000 out of the rent stipulated in the instant lease agreement) and interest in arrears, barring any special circumstances, to the plaintiff.

[Defendant asserted that the instant lease agreement is null and void by a false conspiracy, but inasmuch as the establishment of the agreement is recognized as authentic, the court shall recognize the existence and content of the expression of intent as stated in the agreement, unless there is any clear and acceptable counter-proof that denies the content of the agreement (see, e.g., Supreme Court Decision 94Da16601, Feb. 10, 1995). The Plaintiff and the Defendant, as well as the real estate lease agreement, which is a disposal document related to the instant lease agreement, (i) written evidence No. 4; (ii) the Plaintiff requested the Defendant to pay the unpaid rent to the Defendant on October 23, 2017; and (iii) the Defendant on January 1, 2017.