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(영문) 제주지방법원 2017.04.21 2016가단54468
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. On February 19, 2014, the Plaintiff entered into a lease agreement with the Defendant and Jeju-si on KRW 101 on July 7, 201 (hereinafter “instant building”) on a deposit of KRW 30 million, annual rent of KRW 30 million, annual rent of KRW 30 million, and two years after the expiration of the lease term (hereinafter “instant lease agreement”), and the main contents are as follows.

Article 1 (Deposit and Time for Payment) The daily0 million won out of the deposit for lease shall be paid at the time of a contract, and the ten million won shall be paid on March 10.

Article 2 (Annual Rent) (1) A lessee shall pay 30 million won (excluding additional rent) per year in four installments each quarter.

March 25: 7.5 million won (excluding surtax), June 25: 7.5 million won (excluding surtax), September 25: 7.5 million won (excluding surtax), 7.5 million won (excluding surtax), and 7.5 million won (excluding surtax), December 25: Article 3 (Management Expenses, etc.) of the lessee, other than monthly rent, shall bear the following portions:

(1) Management expenses: It shall be divided under the assumption that the lease has been made on the basis of 800 square meters even if there is a dividing by area and a factory room.

The items included in management expenses shall consult with each other when additional matters, other than public electricity charges, various inspection charges, cleaning expenses, and personnel expenses of parking managers, occur.

B. The Plaintiff paid KRW 10 million to the Defendant on February 19, 2014, KRW 13.1 million on March 13, 2014, KRW 9.52 million on March 26, 2014, KRW 8.5 million on August 29, 2014, KRW 600,000 on September 15, 2014, KRW 7.5 million on September 17, 2014, KRW 8.5 million on December 31, 2014, KRW 300,000 on deposit and rent, respectively, and KRW 1.5 million on June 30, 2015, KRW 300,000 on May 15, 2015, KRW 200,000 on deposit and rent.

C. On February 4, 2016, the Defendant notified the Plaintiff that “The Plaintiff did not comply with the timing for the payment of the instant lease agreement, the unpaid rent is KRW 13,00,000, and the unpaid management fee is KRW 9,510,000, and the unpaid management fee is KRW 22,510,000, in aggregate, and the instant lease agreement cannot be extended,” and the Plaintiff on February 22, 2016.

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