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(영문) 의정부지방법원 2016.09.08 2015가단105148
임차료 청구
Text

1. The plaintiff.

Defendant B shall pay KRW 8,500,000 as well as 15% per annum from April 11, 2015 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On April 15, 2014, the Plaintiff entered into a sales contract with Defendant B, a licensed real estate agent, selling KRW 8,500,000, out of the brokerage commission paid by the Plaintiff to the Defendant B, for KRW 1,50,000,00 among the brokerage commission paid by the Plaintiff to the Defendant B, the Plaintiff entered into a sales contract for the sale of KRW 343 square meters and four-story neighborhood living facilities and housing units (hereinafter “instant building”). However, the said sales contract was terminated, on March 4, 2015, the Plaintiff agreed to receive KRW 8,50,000, out of the brokerage commission paid by the Plaintiff to the Defendant B by March 10, 2015.

B. On April 22, 2014, the Plaintiff entered into a lease agreement with Defendant C, with regard to the portion of 203 square meters on the first floor used as a restaurant of “G” among the instant buildings, the lease deposit is KRW 20,000,000, monthly rent is KRW 2,000,000 (excluding value-added tax), and the lease period is from the delivery date (date 30, 2014) to April 30, 2016, and the deposit is KRW 10,000,000 and KRW 1,90,000 per month on April 30, 2015, and the said lease object was delivered to Defendant C.

C. On February 24, 2004, the Plaintiff entered into a lease agreement with Defendant D with regard to the size of 203 square meters underground of the instant building between Defendant D and KRW 1,500,000, monthly rent of KRW 800,000 (excluding value-added tax), and between February 24, 2004 and February 24, 2009. On February 24, 2014, the Plaintiff entered into a lease agreement with Defendant D with the same content as that of the instant building, and delivered the said leased object to Defendant D.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, Gap evidence 3, Gap evidence 5, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to Defendant B, Defendant B shall pay to the Plaintiff the above agreed amount of KRW 850,000,000 as well as the following day following the delivery of the copy of the instant complaint, as the Plaintiff seeks, after the due date.

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