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(영문) 서울동부지방법원 2015.11.18 2015나3831
임대료등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. As to the cause of claim

A. The facts of recognition 1) The Defendant leased the Plaintiff’s name and operated an entertainment drinking house under Article 103-2 (hereinafter “instant store”). Around April 9, 2010, the Defendant changed the name of the business owner and lessee to E, who is the Defendant’s husband, but actually used the instant store. Around October 1, 2013, the Plaintiff and the Defendant provided the Plaintiff with a letter (Evidence 3) stating that the Plaintiff would be liable for the delayed rent, taxes, etc. (Evidence 3). Around October 1, 2013, the Plaintiff and the Defendant provided the name of the lessee E with a deposit of KRW 12 million, KRW 1.5 million, KRW 1.5 million, KRW 1.5 million, and the period from October 1, 2013 to September 30, 2014.

3) The Plaintiff completed the registration of transfer of ownership in the name of F with respect to the instant store on grounds of the exchange on August 8, 2014. The Defendant did not pay KRW 4.85 million in total for the rent from May 1, 2014 to August 7, 2014, value-added tax on rent for ten months from October 1, 2013 to July 2014, value-added tax on rent for ten months from July 2014, and KRW 1,89,850 in relation to the entertainment tavern business among the property tax imposed on the instant store in 2014. [In the absence of any dispute over the grounds for recognition, subparagraphs 1 through 10, 1-1, 2-1, and 2-1, and the purport of the entire pleadings, as a whole.

B. According to the above facts, the Defendant’s total amount of KRW 8,249,850 (=1,50,000 KRW 1,89,850,000) including the amount of overdue rent, value-added tax, and tax to be borne by the Defendant (i.e., KRW 4,850,000) and its total amount of KRW 1,89,850,000 from January 7, 2015, the day following the delivery of a copy of the complaint, which is the day of the first instance judgment, deemed reasonable to dispute as to the existence or scope of the Defendant’s obligation, until May 19, 2015, and KRW 20% per annum as prescribed by the Civil Act, from the following day to the day of full payment.

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