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(영문) 수원지방법원 2015.06.04 2013가단81770
임료 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 61,200,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment from April 9, 2015 to June 4, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 27, 2012, the Plaintiff leased all the two stories of the factory located C (hereinafter “instant leased”) to the Defendant on a deposit basis of KRW 40,000,000, monthly rent (excluding value-added tax) and the lease term from July 16, 2012 to July 15, 2014 (hereinafter “lease”).

B. After paying the lease deposit and the first rent of KRW 4,400,000, the Defendant occupied the leased portion on July 16, 2012.

C. On November 23, 2013, the Defendant did not pay the rent after the initial payment, and left the leased part of this case.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The parties' assertion

A. The Defendant’s assertion as to the Plaintiff’s claim on the principal claim shall pay the Plaintiff the rent of KRW 101,200,000 and the unpaid electricity fee of KRW 1,245,153.

In addition, after seeking a new lessee at the Defendant’s request, the Plaintiff entered into a lease agreement with the beneficiary company (hereinafter “beneficiary”), and paid KRW 4,000,000,000. On November 30, 2012, which decided to move into the beneficiary status, the above lease agreement was terminated because the Defendant was not a director, and the Plaintiff paid KRW 4,00,000,000 to the beneficiary status. The Defendant should compensate for the damages.

Therefore, the defendant should pay to the plaintiff the amount of KRW 66,45,153 [the amount of KRW 101,20,000 [the amount of overdue rent = 400,000 x 23 months (from August 17, 2012 to July 16, 2014] calculated by deducting the deposit for lease from the sum of the overdue rent, the amount of damages, and the amount of unpaid electricity charges [the amount of KRW 1,245,153 - the amount of unpaid electricity charges of KRW 40,000].

B. The Defendant asserted on the Defendant’s defense and counterclaim claim that the Plaintiff leased the instant leased machine to use it as a factory operating close machines. The Plaintiff is the foregoing factory.

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