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(영문) 대구지방법원 2016.07.13 2015나19177
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is ordered.

Reasons

1. Basic facts

A. On September 30, 2013, the Plaintiff: (a) leased part of the building on the ground of the former Si-U.S. C’s ground to the Defendant as KRW 47,450,00; (b) monthly rent of KRW 4,745,00 (excluding value-added tax); and (c) lease period from November 1, 2013 to October 31, 2015.

B. The Plaintiff filed a lawsuit against the Defendant for the payment of KRW 16,871,00 (including value-added tax, electricity fee, etc. for rent) and KRW 6,827,50 on April 23, 2014, which became final and conclusive around that time, as the Defendant paid only two-month rent (if value-added tax was not paid), and later delayed payment, the Plaintiff filed a lawsuit for the payment of KRW 16,871,00 (including value-added tax, electricity fee, etc. for rent) and monthly rent of KRW 6,827,50 on the grounds of termination of the lease agreement.

(Seoul District Court Decision 2014Kadan2019). C.

On April 25, 2014, the Plaintiff and the Defendant, immediately after rendering a judgment, agreed with the following contents:

- 23,725,00 won in total of the rents from January 2014 to May 2014 (i.e., KRW 4,745,00 in total of KRW 5), KRW 9,96,00 in total of the basic electricity charges from November 2013 to May 2014 (i.e., KRW 1,428,00 in x 7) x 1,260,000 in total of public charges from November 2013 to May 2014 (i.e., KRW 180,00 in total of KRW 34,981,00 in total and KRW 3,891,100 in total, and KRW 38,872,100 in total, and the facility shall be restored to its original state as specified in the lease agreement.

On May 22, 2014, the Plaintiff and the Defendant concluded a short-term lease agreement with the effect that the period from June 1, 2014 to August 30, 2014, and the monthly rent shall be KRW 1,500,000, and the monthly rent shall be KRW 4,500,000, in advance for three months.

E. Around January 2015, the Defendant filed a lawsuit against the Plaintiff seeking payment of KRW 7,136,600,000, which was adjusted by deducting the above KRW 38,872,100 from the agreed lease deposit (the Defendant did not pay KRW 7,450,00 among the agreed lease deposit). The Defendant also filed a lawsuit seeking payment of KRW 1,127,90, which was adjusted by deducting the above KRW 38,872,100.

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