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(영문) 전주지방법원 2018.02.09 2016가단4947

임대료등

Text

1. The Defendant’s KRW 32,155,168 as well as its related KRW 6% per annum from July 1, 2015 to February 9, 2018, and from February 10, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On December 1, 2012, the Plaintiff concluded a lease agreement with regard to the lease deposit of KRW 713.847 square meters (hereinafter “the leased part of this case”) from December 1, 2012 to November 30, 2017, with respect to the lease deposit of KRW 80 million, monthly rent of KRW 7 million (a separate tax, and management fee) of KRW 161.568 square meters (hereinafter “the performance hall part”), among the second floor of the building in this case, the lease deposit of KRW 20 million, monthly rent of KRW 20 million, and KRW 2 million (the additional tax and management fee) of KRW 2 million (the monthly rent of KRW 2 million), monthly rent of KRW 20 million (the separate management fee).

(Management Fee is KRW 968,00 per month, which is 80% of the total management fee, and monthly management fee for the part of the performance hall is KRW 242,00,000, which is 20% of the total management fee (the monthly management fee for the part of the performance hall is 20% of the total management fee). (B)

On October 30, 2014, the Plaintiff concluded a lease agreement with the Defendant by setting the lease deposit of KRW 80,000,000, monthly rent of KRW 7,000,000, and the lease term of November 30, 2017.

(hereinafter “instant lease agreement”). As to the performance hall part, the Plaintiff and I are prior to the execution hall part.

A lease contract was entered into with the same content as the lease contract entered into in the paragraph.

The lease contract of this case is stipulated as follows.

(1) Since this contract is renewed because a mid-term contractor is replaced, all matters shall be the same as those of the former contract.

C. On November 17, 2014, the Plaintiff registered the instant leased part as a restaurant business under the trade name “F” and completed the report on discontinuance of business on April 16, 2015.

On June 8, 2015, the Plaintiff entered into a lease agreement with D and the instant leased premises by setting the lease deposit of KRW 50 million and monthly rent of KRW 7 million.

(D) On June 26, 2015, D has registered its business with the trade name “H” in the name of wife G. D.

On the other hand, on October 30, 2014, the Defendant paid KRW 35 million to the Plaintiff as a lease deposit, and on January 4, 2015.