연체차임 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts are found to be without dispute between the parties or recognized by considering the overall purport of the pleadings as a whole in each entry in Gap evidence 1 to 5 (including each number; hereinafter the same shall apply):
A. On May 1, 201, Dongyang Co., Ltd. and the Defendant concluded a lease agreement (hereinafter “instant basic lease agreement”) with the Defendant that the Dongyang Co., Ltd. leased the “D factory” (hereinafter “instant factory”) located in Chungcheongbuk-gun C (hereinafter “instant factory”) to the Defendant at annual rent of KRW 924 million from May 1, 2010 to December 31, 2012 (hereinafter “instant basic lease agreement”).
B. Subsequent to that, Dongyang Co., Ltd. and the Defendant: (a) determined the annual rent of KRW 768 million from January 1, 2011 to December 31, 2011 under the aforementioned lease agreement (hereinafter “the first agreement in 2011”); (b) determined the annual rent (the annual rent from January 1, 201 to December 31, 201) as KRW 936 million (hereinafter “the second agreement in 201”); (c) written agreement on March 1, 2012 to KRW 201,000,000,000,000 (hereinafter “the first agreement in 201,000,000,000) as the annual rent from January 1, 201 to December 31, 2012; and (d) written agreement on March 21, 2012 to KRW 201,000,000 (hereinafter “the agreement”).
C. On January 1, 2013, when the term of lease under the instant basic lease agreement expires, Dongyang Co., Ltd. and the Defendant entered into a lease agreement with the Defendant, stating that the instant factory shall be leased from January 1, 2013 to December 31, 2013, and the annual rent shall be determined through a separate consultation, and a written agreement was formulated to determine the annual rent as KRW 1.35 billion from January 1, 2013 to December 31, 2013 on the same day.
On the other hand, Dongyang Co., Ltd. on April 1, 2013.