beta
(영문) 수원지방법원 2016.05.24 2015가단15579

추심금

Text

1. The Defendant’s KRW 48,098,145 as well as the Plaintiff’s annual rate of KRW 5% from December 30, 2015 to May 24, 2016.

Reasons

1. Basic facts

A. On May 23, 2006, the Defendant entered into a lease contract or service contract on the instant building (hereinafter “instant building”) with C on February 5, 2013, setting the lease deposit amount of KRW 100 million, monthly rent of KRW 3 million, and the lease period of KRW 19 million from February 19, 2013 (hereinafter “instant lease contract”). On February 19, 2014, the Defendant agreed to extend the lease period of KRW 3.5 million by extending the lease period of one year to KRW 3.5 million.

At the time of entering into the instant lease agreement, the Defendant and C did not recognize the facility cost and the premium as the special terms and conditions at the time of entering into the instant lease agreement, and the lessee was determined to use it

(2) On February 2013, C, while operating the instant building, which had been used as Syna, as women-only friendship (hereinafter “Syna”), entered into a service agreement with D on the business of KONEX on the second floor of the instant building. On February 21, 2013, E and F, each of the deposit amounting to KRW 10 million and KRW 500,000,000,000 for the first floor of the instant building. On January 21, 2014, C entered into a service agreement on the business of the instant building with G, with a deposit amount of KRW 5 million and KRW 50,000,000,000,000,000 for the second floor, and entered into a service agreement on the business of the instant building as KRW 50,500,000,000,000 between H and H on March 8, 2014.

B. (1) On February 19, 2014, C paid all monthly rents to the Defendant prior to the renewal of the instant lease agreement, but did not pay the monthly rents after the renewal. From March 2014, C 2014, C did not engage in the instant friendship or business.

(2) On November 11, 2014, the Defendant rendered the instant letter of apology between Suwon District Court 2014Kadan65829 (C and C) and C.