(영문) 서울북부지방법원 2015.02.06 2013가단22888

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(영문) 서울북부지방법원 2015.02.06 2013가단22888

임대료

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1. The Defendant’s KRW 23,886,90 to the Plaintiffs and 5% per annum from April 1, 2011 to May 27, 2013.

Reasons

1. Facts of recognition;

A. From February 2005 to February 201, the Plaintiffs entered into a lease agreement with the Defendant, setting the lease term of the second floor of the Dongdaemun-gu Seoul Metropolitan Government D Building from February 2, 2005 to February 201, 160 million won (including additional tax) from February 2005 to June 2006, and from July 2006 to February 13, 200 million won (including additional tax) for the rent.

(hereinafter “instant lease agreement”). B.

The sum of monthly rents for 17 months from February 2005 to June 2006 under the instant lease agreement is KRW 28,050,000, and the sum of monthly rents for 56 months from July 2006 to February 201. As such, the sum of monthly rents for 73,920,000 for 73 months from February 2005 to February 201 under the instant lease agreement is KRW 101,970,000.

C. Of the monthly rent of KRW 101,970,000, the Defendant paid KRW 78,083,100 in total over 30 times as indicated in the separate sheet performance statement, and the Defendant still remains liable for KRW 23,886,90.

[Ground of recognition] Facts that there is no dispute or does not clearly dispute, the purport of the whole argument

2. Determination as to the plaintiffs' claims

A. In light of the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiffs a total of KRW 23,886,900 for unpaid monthly rent under the instant lease agreement and delay damages therefrom.

B. (1) The defendant alleged that the plaintiff paid the plaintiff the rent of 4.95 million won on June 13, 2006, separately from the amount of 5.5 million won which was recognized to have been repaid on May 10, 2006 by the Customer Director on June 13, 2006. Thus, according to the evidence Nos. 3-2, the amount recorded as being paid from May 13, 2006 to the Customer Director on June 13, 2006 is due to the fact that the plaintiff paid the plaintiff the rent of 4.95 million won on June 13, 2006, and there is no evidence to acknowledge the flow of the above money claimed by the defendant, and it is recognized that the plaintiff paid the plaintiff on May 10, 2006.

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