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Reasons
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(영문) 수원지방법원성남지원 2016.05.13 2015가단34610
임대료
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1. The Defendant’s KRW 24,077,803 as well as the Plaintiff’s annual rate of KRW 6% from December 15, 2015 to May 13, 2016.

Reasons

1. Basic facts

A. The Defendant contracted the construction of B from Goyang-si, and subcontracted it to C Co., Ltd. (hereinafter “C”) during the said construction.

B. On September 18, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant agreement”) with C, which is the Defendant’s subcontractor: Goyang-si, the place of use; Goyang-si, the period of use: from September 30, 2014 to March 29, 2015; the monthly rent of KRW 4,350,000 (excluding value-added tax); the total contract amount of KRW 46,50,000 (excluding value-added tax); and the total contract amount of KRW 46,50,000 (excluding value-added tax); and

C. On June 15, 2015, when the Plaintiff was not paid the rent under the instant contract, the Plaintiff sent a certificate of the content of the request for direct payment of the rent to the Goyang Viewers on June 15, 2015. On July 9, 2015, the Plaintiff sent to the Defendant and Goyang Viewers a certificate of the content that it is impossible to dissolve and remove the instant workshop and exercise the right of retention. On August 4, 2015, the Plaintiff sent a certificate of the content of the request for the payment of the rent for delay of the instant workshop to the Defendant and Goyang Viewers.

After the end of June 2015, the Defendant’s removal outline of the instant workshop from the date of completion of the structural construction.

B. However, the Plaintiff did not remove the rent on the ground that part of the rent was unpaid, and exercised the right of retention on the site where the other workshop of this case is installed from July 29, 2015.

E. On September 3, 2015, the Plaintiff decided to claim only the rent from the Defendant until July 31, 2015, and from January 1, 2015.

7. From the 31st day to the 31st day, a written agreement on the payment of rent for the portion using the radio-gramocons (including value-added tax) was sent as the mail to the effect that the final amount is to be determined as KRW 64,077,803 (hereinafter “instant agreement”).

F. Accordingly, the Defendant paid C KRW 40,000,000, and C paid KRW 40,000 to the Plaintiff on September 26, 2015.

G. The Defendant on October 5, 2015

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