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Reasons
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(영문) 전주지방법원 2019.04.25 2018나6962
건물명도 등
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1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.

Reasons

1. Facts of recognition;

A. On December 4, 2013, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant gas station”) as indicated in the Plaintiff’s gas station and office (hereinafter “instant gas station”) to the Defendant by setting the lease deposit of KRW 20 million, monthly rent of KRW 1.5 million, and the lease period from February 12, 2014 to February 11, 2016 (hereinafter “instant lease contract”) and notified the lessor or lessee of his/her intention to terminate or change the contract at least 60 days prior to the expiration of the lease period, and provided that the lease period shall be automatically extended under the same conditions as the initial contract, if there is no notification.

B. After entering into the instant lease agreement, the Defendant did not pay to the Plaintiff the monthly rent for the instant gas station.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. Since the Defendant did not pay to the Plaintiff the monthly rent under the instant lease agreement, the Defendant is obligated to pay the Plaintiff the Plaintiff the sum of the rent in arrears for 12 months from February 12, 2014 through February 11, 2015 and the value-added tax thereon for 19.8 million won (=1.5 million won x 1.1 x 12 months) and the Defendant’s unpaid rent from February 12, 2015 to June 27, 2018, including the sum of the rent in arrears 6,2250,000 won for the Plaintiff from June 27, 2018, which is the date the delivery of the gas station of this case to the Plaintiff.

B. Until July 2014, the Defendant agreed to terminate the instant lease agreement with the Plaintiff by deducting the overdue rent from the lease deposit from around October 2015.

Even if the instant lease contract has not been terminated around October 2015, the Defendant did not pay the same arrears with the Plaintiff around that time.

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