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(영문) 서울남부지방법원 2018.01.19 2017나501
부당이득금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 6,310,794 and among them, KRW 232,276.

Reasons

1. Basic facts

A. On January 30, 2010, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 30 million, from February 25, 2010 to August 24, 2011 (18 months) and the rent of KRW 270,000,000 per month (payment after January 25, 201).

(hereinafter “First Contract”). The Plaintiff operated a “D” private teaching institute in the instant commercial building.

At the time of concluding the first contract, the Plaintiff and the Defendant agreed to pay the Defendant the late payment charge of 10% per month from the date of arrears until the date of payment (hereinafter “the late payment charge clause”), value-added tax, and management expenses separately to the Plaintiff when the Plaintiff, who is a lessee, delays the amount to be paid under the rent and other lease agreements.

B. On July 22, 2011, the Plaintiff concluded a lease agreement with the Defendant stating that the instant commercial building was leased at KRW 30 million, the term of lease from August 25, 201 to February 24, 2013 (18 months) and KRW 2.7 million per month of rent (payment in the later payment on August 25, 201).

(hereinafter referred to as “second contract”). (c)

On January 26, 2013, the Plaintiff entered into a lease agreement with the Defendant to lease the instant commercial building as KRW 30 million, the lease term from February 25, 2013 to August 24, 2014 (18 months), and the rent of KRW 280,000,000 per month (excluding the payment by later payment on February 25, 201, value-added tax).

(hereinafter referred to as “third contract”). D.

On June 21, 2014, the Plaintiff entered into a lease agreement with the Defendant to lease the instant commercial building as KRW 23.5 million reduced from KRW 30 million to KRW 6.5 million, the term of lease from August 25, 2014 to February 24, 2016 (18 months), and the monthly rent of KRW 2.9 million (excluding value-added tax payment on August 25, 201, and value-added tax).

hereinafter referred to as "fourth-party contract"

(j)2, 3, 4;

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