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(영문) 서울남부지방법원 2019.04.24 2017가단33036
미납 임대료
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted that the Plaintiff leased buildings in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant officetels”), E, F, G, H, I, and J to the Defendant.

The Defendant acquired the instant officetels, M, N, andO owned by the Plaintiff from K (hereinafter “K”) and used them.

The defendant is liable to the plaintiff for unpaid rent (48,733,320 won as stated in column 6 of the table) and late payment charge (48,616,540 won as stated in column 7 of the table) as shown in the attached table. Thus, the defendant is liable to the plaintiff for the payment.

The Plaintiff: (1) The column 2 of the table is the unpaid rent in which the Defendant calculated monthly rent using an officetel; and (2) The unpaid rent and late payment charge in the column 6 and 7 of the table is the unpaid rent calculated by day until the Plaintiff maintained the ownership of an officetel; and (3) the unpaid rent and late payment charge in the officetel’s monthly rent calculated by day until the date when the Plaintiff maintained the ownership of the officetel; and (4) the Plaintiff claimed it as the primary and conjunctive claim respectively; and

2. According to the statement in Gap evidence No. 2, it is recognized that the plaintiff was paid in advance on a two-month basis without a deposit in July 2016 to September 2016 and the plaintiff leased the instant officetel E, F, G, H, I, and P, and that the plaintiff was paid in advance on a six-month basis without a deposit in September 2015 and the plaintiff was paid in advance on a six-month basis.

However, in full view of the evidence submitted by the Plaintiff, it is insufficient to recognize that the Defendant occupied and used the above officetels for the period of the Plaintiff’s demand for unpaid rent, and the evidence Nos. 1, 16, 20 of the Plaintiff’s assertion was unilaterally arranged.

A No. 9 is the management fee data organized by the Plaintiff and the deposit account, and it is not confirmed to whom the money was deposited.

Gap evidence No. 11 has no special probative value as a notice of management fee demand against the defendant;

otherwise recognized.

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