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(영문) 인천지방법원 부천지원 2018.09.19 2017가단118324
임대료지급 청구의 소
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the Schedule 1 and 2;

B. 45,795,000 won and December 1, 2017

Reasons

1. Determination as to the cause of claim

A. (1) On June 30, 2014, the Plaintiff entered into a lease agreement with the Defendant on each real estate listed in the separate sheet (hereinafter “instant seven-story building”) with regard to the lease deposit of KRW 3 million, monthly rent of KRW 1450,000 (in addition to value-added tax, monthly payment of KRW 30,000), and the lease term of the lease from July 1, 2014 to June 30, 2015 (hereinafter “instant lease agreement”). The said lease agreement has been renewed until April 2018.

(2) From September 1, 2014 to November 30, 2017, the Defendant delayed payment of KRW 48,905,000, and deducted KRW 3,000,000 as lease deposit, thereby delaying payment of KRW 45,905,00 as of December 1, 2017.

(1) From September 1, 2014 to November 30, 2017, the Plaintiff expressed to the Defendant the intention to terminate the instant lease agreement on April 24, 2018 on the grounds that the amount of the rents unpaid 48,905,00 won =1,59,00 won (=1,450,000 won + value-added tax 145,000 won +) x3,300,000 won paid in May 39 months 2015 to KRW 10,000,000 paid in November 24, 2017). (3) On April 24, 2018, the Plaintiff served on the Defendant an application for change of the purport of the instant lease and the cause of the instant claim to the effect that the instant lease is terminated on the grounds that the said application for change of the purport of, and its duplicate was served on the Defendant on the 25th day of the same month.

(4) After the conclusion of the instant lease agreement, the Defendant occupied the instant 7th floor building from the date of closing argument to the date of closing argument.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1-1, Eul evidence 1-3, and the purport of the whole pleadings

B. According to the above facts of recognition, the instant lease agreement was lawfully terminated on April 25, 2018 by the Plaintiff’s declaration of termination on the grounds that the Defendant had not been paid at least three times.

Therefore, the defendant delivered the building of this case to the plaintiff and calculated the unpaid monthly rent of 45,795,000 won and the unpaid monthly rent of 45,905,000 won.

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