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(영문) 서울서부지방법원 2021.01.29 2020나41778
월차임 청구
Text

The judgment of the first instance is revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

the purport and purpose of the claim;

Reasons

1. Basic facts

A. The Plaintiff renewed the lease relationship between the Defendant and the Defendant with respect to the “D” E store located in Jung-gu, Seoul (hereinafter “instant store”). On November 6, 2006, the Plaintiff: (a) designated the Defendant as its representative the head of the store mainly composed of the three-story stores (hereinafter “the instant store head of the store”); and (b) leased the said lease amount of KRW 5,00,000,000 for the monthly rent, the last day of January 1, 2017, and the last day of December 31, 2007, and the said lease relationship between the Plaintiff and the Defendant was maintained, but the said lease relationship was terminated on October 25, 2019 (hereinafter “the entire lease term of the instant case”); and (c) decided to pay the instant lease amount of KRW 30,000,000,000 for the said 30,000,0000,000 for the instant store (hereinafter “the instant lease term”).

With respect to the rent for the lease of this case, the Defendant paid to the Plaintiff a total amount of 44,050,000 won from November 27, 2006 to March 2, 2019, respectively, for the rent for the shop owner’s membership fees and the rent for the store included therein up to October 2006, and from November 27, 2006 to March 2, 2019.

[Grounds for Recognition: absence of dispute, Gap evidence Nos. 1 and 2, and the purport of the whole of the arguments

2. Summary of the parties’ assertion

A. The rent amount of the Plaintiff’s instant lease was modified as follows (hereinafter “the rent amount claimed by the Plaintiff”), and the deposit amount of the said lease remains in KRW 5,00,00,00. Therefore, the Defendant’s overdue rent remaining after deducting it is KRW 6,231,600. However, the Plaintiff did not reduce the original claim amount.

From November 2006 to December 2008, 480,000 won for the period from January 2009 to December 2014, 300,000 won for January 2015 to October 350, 200 won for the period from January 2015 to October 2019 ( October 25, 2019).

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