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(영문) 서울중앙지방법원 2019.11.14 2019나24789

기타(금전)

Text

1. Of the judgment of the court of first instance, the defendant against the defendant exceeding the money that ordered the plaintiff to pay below.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) is the trustee and owner of the building listed in the separate sheet (hereinafter “instant store”), and the Plaintiff is the contractor and the first beneficiary.

B. On May 5, 2013, C leased the instant store to D, who is the Defendant’s husband, KRW 40 million, monthly rent of KRW 4750,000 (in addition to value-added tax, KRW 10,000,000 per month), the lease period from May 27, 2013 to May 26, 2018 (hereinafter “the instant lease contract”) and the Plaintiff, as the contractor, signed and sealed the instant lease contract.

The instant lease agreement includes the following terms and conditions:

Article 2 [Lease] (B) If a lessee fails to pay a monthly rent to the lessor by the due date for payment under the contract, the lessee shall pay a ten percent late payment penalty for the amount of the monthly rent in arrears from the following day of the designated date, plus a ten percent late payment penalty. D) The monthly rent shall be applied in an amount increased by 2% each year whenever one year arrives from the beginning date of the lease contract period.

Where a lessee falls under any of the following subparagraphs (A) a lessee shall lose the benefit of time, and the lessor may, after giving a peremptory notice to the lessee with a grace period of at least seven days, request the lessee to terminate or cancel this contract, and take necessary legal procedures. (2) Where the lessee fails to pay the monthly rent for at least two months, or the unpaid rent reaches the rent for two months, the lessee shall not refuse to surrender the object of the lease on the ground that the lessor has not returned the deposit:

The lessee or the lessee has occurred to the lessor due to the termination or rescission.