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(영문) 광주지방법원목포지원 2016.03.30 2015가단10644

임료 등

Text

The defendant shall pay 45,121,540 won to the plaintiff and 15% per annum from March 17, 2016 to the day of complete payment.

Reasons

1. Indication of claim;

A. On March 23, 2014, the Plaintiff entered into a contract with the Defendant on the lease of part 330 square meters in the ship connected in sequence of each point (hereinafter “instant building”) to the Defendant with respect to the indication of the same drawing among the real estate indicated in the attached Form with the Defendant (hereinafter “instant lease contract”).

The period: From March 23, 2014 to March 22, 2016, the lessee shall not change the purpose or structure of the said real estate, nor transfer the sub-lease right or offer the collateral, and use it for any purpose other than the purpose of lease, without the consent of the lessor, until March 23, 2016, KRW 28,00,00 per rent, KRW 5,00,00 per month (excluding value-added tax) and the special terms and conditions of payment on the 23th day of each month.

Article 4 (Termination of Contract) If the lessee's overdue interest in the rent falls short of two terms, or violates Article 3, the lessor may terminate the contract without delay.

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and shall refund the balance after deducting it if the lessor has overdue fees or damages.

Article 7 (Non-performance of Obligations and Compensation for Damages) Where a lessor or lessee has defaulted on the terms and conditions of this contract, the other party may give written peremptory notice to the person who has defaulted and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract.

B. After the conclusion of the instant lease agreement, the Defendant requested the Plaintiff to reduce the monthly rent, and the Plaintiff reduced the monthly rent of KRW 4,500,000 (=value 4,300,000 value-added tax of KRW 200,000).

C. The Defendant’s monthly rent of KRW 85,500,000 = from the conclusion of the instant lease agreement to October 23, 2015.