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(영문) 서울중앙지방법원 2017.05.16 2015가단166042
손해배상
Text

1. As to the Plaintiff’s KRW 5,345,858 and KRW 345,858 out of the above money, the Defendant shall start on November 14, 2015, and the remainder 5,00.

Reasons

1. Basic facts

A. The conclusion of the first contract and the filing of a lawsuit by the Defendant, etc. 1) Defendant and C (hereinafter “Defendant, etc.”)

(A) On August 14, 2012, the Plaintiff: (a) the building indicated in the separate sheet 134.93 square meters of the land floor and 25.41 square meters of underground floors (hereinafter “instant building”); and (b) the object leased by the Defendant is the leased building.

) The lease deposit is KRW 10,00,000, the lease term of KRW 10,000 from August 14, 2012 to December 13, 2014, and KRW 1,300,000 (value-added tax separate) for each month from August 14, 2012 to December 13, 2014: Provided, That by a special contract, the special contract sets the amount of KRW 1,00,000 for each month from December 14, 2012 to December 13, 2012, the amount of KRW 1,100,000 for each month from December 14, 2012 to July 13, 2013 (excluding value-added tax), and the amount of value-added tax is set separately as KRW 1,30,000 for each month and each month from July 14, 2013 to December 13, 2014.

[The primary contract] fixed and leased (hereinafter referred to as “the primary contract”).

(2) On October 13, 2014, the Defendant, etc. asserted that the Plaintiff did not pay KRW 10,675,666 out of the rent under the first contract until October 2, 2014, and filed a lawsuit seeking delivery of the instant leased building and payment of unpaid rent, etc. (Seoul Central District Court Decision 2014Da211037, hereinafter “instant prior suit”).

B. On February 14, 2015, the Plaintiff, etc. served with the Defendant, etc. as a copy of the complaint of this case and the Plaintiff’s filing of the suit, concluded a new lease agreement by adjusting the rent and the lease term to the unpaid rent under the first contract. 2) The Defendant, etc., on February 14, 2015, leased the instant leased building from February 14, 2015 to February 13, 2016, with the lease deposit KRW 10,000,000 (value-added tax separate).

(A) If the Defendant delays the payment of the rent for 90 days, the date 90 days is 90 days.

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