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(영문) 대전지방법원 2020.12.15 2020가단119940

청구이의

Text

1. The defendant's judgment against the plaintiff is based on the original copy of the judgment in Daejeon District Court 2019Kadan2404.

Reasons

1. Facts of recognition;

A. On June 20, 2018, the Defendant entered into a lease agreement with the Plaintiff (hereinafter “instant building”) with respect to the real estate indicated in the attached Form (hereinafter “instant building”), which stipulates the lease deposit amount of KRW 20 million, monthly rent of KRW 1.1 million, and the term of lease from June 20, 2018 to June 19, 2020.

B. On January 31, 2019, the Defendant filed a lawsuit against the Plaintiff seeking the return of overdue rent and unjust enrichment equivalent to the rent in arrears calculated at the rate of KRW 10,851,200, and KRW 11100,000,00,000, in total, for the delivery of the instant building, overdue rent and management expenses, and for the termination of the lease on the grounds of delinquency in rent and management expenses, from January 31, 2019 to January 20, 2019.

On June 13, 2019, the above case was proceeded by public notice to the plaintiff, and the defendant's judgment was rendered in favor of the plaintiff, and the above judgment became final and conclusive as it is.

(hereinafter “instant judgment”). C.

On June 14, 2019, the Defendant sent to the Plaintiff text messages stating that the contact is delayed, along with one page of the instant judgment, and that the fee and management fee would be incurred as the contact is delayed. On June 30, 2019, the Defendant sent text messages stating that the contract shall be deemed to have no intention of re-contract unless the fee is paid by June 30, 2019.

On July 1, 2019, the Plaintiff remitted KRW 1.1 million to the Defendant. From July 2, 2019 to July 19, 2019, the Plaintiff remitted total of KRW 19,369,251 to the Defendant, and paid all the overdue rent and management expenses up to that time.

E. Since then, the Plaintiff paid all monthly rent and management expenses for the instant building to the Defendant until December 2019, but began to delay the monthly rent and management expenses from January 2020.

F. Around June 2, 2020, the Defendant started compulsory execution based on the instant judgment.

[Reasons for Recognition] Facts without dispute, entry of Gap's evidence 1 to 9, purport of the whole pleadings

2. The above facts of recognition are examined.