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(영문) 광주지방법원 2019.06.25 2018가단526024
임대료 등 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 20,789,419, and KRW 6% per annum from August 24, 2018 to June 25, 2019, and complete payment from the following day.

Reasons

1. Basic facts

A. On February 10, 2015, the Plaintiff entered into a contract with Nonparty C Co., Ltd. (hereinafter referred to as “C”) for the lease to C of the building 37 square meters in the 1st floor of the building located in Gwangju Northern-gu (hereinafter “instant commercial building”) and the next warehouse (hereinafter “instant warehouse building”). On the commercial building, the lease deposit is KRW 10 million in the commercial building; the rent is KRW 180,000 in the commercial building; the rent of the warehouse is KRW 100,000 in the commercial building; and the rent of the warehouse is KRW 1,00,000 in each month without a deposit (excluding value-added tax); the lease term is set as until December 30, 2016.

B. On March 14, 2017, the Plaintiff entered into a contract with the Defendant for the lease of the instant commercial building with a deposit of KRW 5 million, KRW 1.5 million per month, and KRW 1.5 million per month, and the lease period until March 14, 2019, and the Defendant agreed to pay the Plaintiff the management fee of the instant commercial building, separate from the rent.

(hereinafter “Lease Agreement”). On March 14, 2017, the Defendant paid KRW 5 million to the Plaintiff the lease deposit.

C. Around June 2017, the Defendant did not fully pay the Plaintiff the management fee, electricity fee, etc., and left the place without having contact with the Plaintiff and leaving the wastes left in the instant commercial building.

On February 27, 2018, the Plaintiff entered into a lease contract with a third party. By March 2, 2018, the Plaintiff sent a certificate of the content that “the Plaintiff shall complete the payment of overdue rent, management fee, and electricity fee and demand the removal of wastes.” The Defendant did not respond. On March 2, 2018, the Plaintiff entered the instant commercial building and removed wastes located in the instant commercial building by bringing KRW 2.6 million into the instant commercial building, which was removed by the Plaintiff at the expense of KRW 2.6 million.

E. On April 1, 2018, the Plaintiff concluded a lease agreement to lease the instant commercial building to a third party, and handed over the instant commercial building to a third party.

F. Meanwhile, the Plaintiff.

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