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(영문) 울산지방법원 2016.01.15 2015가단21553

임대료 등

Text

1. The Defendant: (a) KRW 29,432,025 on the Plaintiff and KRW 20% per annum from September 17, 2015 to September 30, 2015 on the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 10, 2013, the Plaintiff entered into a lease agreement with the Defendant on the condition that the fourth floor of the building in Ulsan-gu C ground (hereinafter “instant building”) was leased to the Defendant by setting the lease deposit amount of KRW 30 million, monthly rent of KRW 6 million (vat separate), management fee of KRW 600,000,000, and the lease period from July 10, 2013 to July 30, 2015 (hereinafter “instant lease agreement”).

B. However, the Plaintiff agreed with the Defendant to report the monthly rent of KRW 4 million in the instant lease agreement at the tax office, and accordingly, the Defendant paid to the Plaintiff KRW 7 million per month (=600,000,000 won for monthly rent of KRW 6 million).

C. Since October 1, 2014, the Plaintiff filed a revised return on monthly rent of KRW 6 million under the instant lease agreement at the tax office. Accordingly, the amount that the Defendant is obligated to pay to the Plaintiff monthly was KRW 7.2 million (= KRW 6 million for monthly rent of KRW 6 million).

Meanwhile, the Defendant paid to the Plaintiff the charges for electricity and water supply and sewerage, charges for causing traffic congestion, and charges for environmental improvement arising from using the fourth floor of the instant building.

E. The details of the rent, etc. that the Defendant did not pay to the Plaintiff are as shown in the attached Form.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of whole pleadings]

2. The allegations by the parties and the determination thereof

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the sum of the unpaid rent, etc., KRW 29,432,025, and damages for delay calculated at the rate of 20% per annum from September 17, 2015 to September 30, 2015, which is the day following the delivery date of the instant complaint sought by the Plaintiff, and 15% per annum from the next day to the day of full payment.

The provisions concerning statutory interest rates under the main sentence of Article 3 (1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings shall be made on September 25, 2015.