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(영문) 인천지방법원 2015.01.14 2014가단218046

기타(금전)

Text

1. The Plaintiff:

A. Defendant B’s KRW 17,118,33 as well as 5% per annum from January 16, 2014 to May 19, 2014.

Reasons

1. Basic facts

A. On August 6, 2011, the Plaintiff, the owner of an aggregate building located in Yeonsu-gu Incheon Metropolitan City E (hereinafter “instant building”) (as of December 20, 2013, KRW 40 million among the instant building, KRW 301,000,000,000, monthly rent of KRW 2220,000,000,000 from the instant building (as of the management expenses and surcharges), to Defendant C on June 11, 2013, KRW 201 from among the instant building, KRW 201,00,000,000,000,000,000, monthly rent of KRW 1,50,000,000 from the instant building (as of May 16, 2009, KRW 401,300,000,000,000,000 from the instant building).

B. However, Defendant B did not pay to the Plaintiff rent and management expenses KRW 17,18,33 (the remainder after deducting the lease deposit KRW 10 million), Defendant C did not pay KRW 4 million (the remainder after deducting the lease deposit), and Defendant D did not pay KRW 4 million (the remainder after deducting the lease deposit KRW 5 million) to the Plaintiff.

[Reasons for Recognition] The parties to confession (Defendant D), the absence of dispute, the entry of Gap evidence Nos. 5, 6, and 9, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, Defendant B is obligated to pay the Plaintiff unpaid fees, management fees, etc., Defendant B is obligated to pay the Plaintiff unpaid fees, management fees, etc., Defendant C is KRW 17,18,33, Defendant C is KRW 4 million, Defendant D is KRW 4 million, and delay damages claimed by the Plaintiff.

B. As to the Defendant B’s assertion, Defendant B, on August 2012, agreed between the former lessee and the former lessee on the exemption of part of the rent, and the Plaintiff also agreed on such agreement.

The defendant B's assertion is not acceptable, since there is no evidence to acknowledge the claim of the defendant B.

C. The Defendant C, at first, entered into a lease agreement with the Plaintiff at KRW 1,200,000,000 for monthly rent, and the Plaintiff was 1,50,000,000 for monthly rent by taking advantage of his superior position after the interior work was completed.