임대료 지급 청구
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Basic Facts
On December 10, 2015, the Plaintiff entered into a lease agreement with the Defendant with respect to 201, 202, 203, 204, 205, 207, and 208 (hereinafter referred to as the “instant building”) moving to the building in Gwanak-gu, Seoul (hereinafter referred to as the “instant commercial building”) owned by the Plaintiff, and the Defendant operated the apartment publicity center in the instant building.
On January 19, 2017, the Plaintiff entered into a lease agreement with the Defendant with the terms that the lease deposit amount of KRW 200,000,000 for the instant building, KRW 26,000 per month for rent (excluding value-added tax and management expenses, and one-year advance payment terms for rent), and the term of lease from February 1, 2017 to January 31, 2018 (hereinafter “instant lease agreement”).
[Ground for recognition] The facts without dispute, Gap evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply), and the plaintiff's assertion of the purport of the whole pleadings, the defendant did not pay to the plaintiff the plaintiff the annual rent under the instant lease agreement. Since the lease contract of this case was terminated on January 31, 2018, the contract of this case has expired on January 31, 2018, the defendant is obligated to pay to the plaintiff 142,200,000 won, deducting the lease deposit amount of KRW 200,000 from the lease deposit of KRW 342,200,000,000, and damages for delay.
The Plaintiff asserted in six pages of the preparatory brief dated January 31, 2018 and did not reduce the purport of the claim.
The fact that the defendant did not pay the rent for one year for the judgment of this court is not a dispute between the parties, and according to the above basic facts, the defendant's rent for one year for advance payment under the lease contract of this case is 343,200,000 won (i.e., monthly rent 26,000,000 x 12 months x value added tax 1.1). The plaintiff received 200,000,000 won from the defendant under the lease contract of this case and the above lease deposit.