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(영문) 수원지방법원안산지원 2016.11.02 2016가단17057

임대료 등

Text

1. The Defendant’s KRW 20,670,405 with respect to the Plaintiff and KRW 5% per annum from July 23, 2016 to November 2, 2016.

Reasons

1. Under the underlying facts, each of the following facts is acknowledged either as a dispute between the parties, or as a whole as to Gap evidence 3, Gap evidence 5, and Gap evidence 6, and there is no counter-proof.

On October 1, 2015, the Plaintiff leased deposit money of 25,000,000, monthly rent of 2,500,000, and the period from October 1, 2015 to October 1, 2017, the Plaintiff leased money of 25,000,000,000,000 from the second floor of the 2nd floor of the Sungdong-gu, Ansan-si, Sungdong-si, the Plaintiff owned to the Defendant for lease deposit. < Amended by Presidential Decree No. 2660-16, Oct. 1, 2015>

(hereinafter “instant lease agreement”). B.

The Defendant paid KRW 5,00,000 to the Plaintiff out of the rental deposit under the instant lease agreement, and used the leased object by June 30, 2016, and delivered the instant leased object to the Plaintiff around June 30, 2016.

2. Determination as to KRW 20,670,405 among the instant claims

A. The fact that the Defendant did not pay KRW 20,670,405, out of the monthly rent and management expenses until June 30, 2016, to the Plaintiff following the use of the leased object of this case, does not conflict between the parties.

B. Thus, the defendant is liable to pay the above KRW 20,670,405 and damages for delay to the plaintiff, unless there are special circumstances.

3. Determination as to KRW 25,00,000 among the Claim in this case

A. The Plaintiff asserts that the Defendant is obligated to pay KRW 25 million remaining after deducting the amount of the above deposit that the Defendant paid to the Plaintiff from KRW 30 million,000,000,000, as the Defendant agreed to take over the overdue rent of KRW 30,000,000, in lieu of the Defendant’s use of the household-produced machine owned by the non-party corporation, the former lessee of the leased object of this case (hereinafter “non-party company”) at the time of concluding the instant lease agreement.

(b).