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(영문) 서울중앙지방법원 2018.05.18 2017가합556127
임대료 지급 청구
Text

1. The Defendant’s KRW 143,200,000 for the Plaintiff and 5% per annum from September 13, 2017 to May 18, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the Gwanak-gu Seoul Special Metropolitan City Building C (hereinafter “instant commercial building”) No. 201, 202, 203, 204, 205, 207, and 208 (hereinafter “instant building”).

On January 19, 2017, the Plaintiff concluded a lease agreement with the Defendant and the instant building on February 1, 2017 through January 31, 2018, with regard to the term of the lease deposit KRW 200 million, monthly rent KRW 26,00,000 (a separate condition for value-added tax and management expenses, and one year advance payment for rent), and leased the instant building to the Defendant.

(hereinafter “instant lease agreement”). B.

The Defendant paid 200 million won deposit under the instant lease agreement to the Plaintiff, but did not pay the agreed rent.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. Determination

A. According to the above facts finding as to the cause of claim, barring special circumstances, the Defendant is obligated to pay the Plaintiff the annual rent of KRW 343,200,000 (=26,000,000 x 1.1 x 1.2 months x value-added tax) under the instant lease agreement, barring any special circumstance.

However, inasmuch as the Plaintiff received KRW 200 million from the Defendant under the instant lease agreement, and the amount of the unpaid rent should be deducted from the said deposit, the Defendant is obligated to pay the Plaintiff the remainder of KRW 143,200,000 after deducting the said KRW 200,000 from the said KRW 343,20,000.

B. On March 22, 2017, the judgment of the Defendant’s assertion 1, D, and E, the representative director of the Plaintiff, had the management committee of the instant building, which was the main axis of the Plaintiff, unilaterally remove ten types of advertising lots on March 22, 2017, and removed promotional materials installed on the window of the outer wall of the building on March 29, 2017.

Accordingly, the defendant shall present the building of this case.

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