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(영문) 수원지방법원 2016.09.28 2015가단62018
임대료 및 노임
Text

1. The Defendant shall pay to the Plaintiff KRW 37,50,000 and the interest rate of KRW 15% per annum from February 1, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On September 201, the Plaintiff and C agreed to jointly invest in and purchase the Eelto D located in Sungsung City, and the Plaintiff independently operate the Eelto, but pay C the monthly amount of KRW 3 million to C as the cause of investment dividends.

B. Accordingly, on December 22, 2011, the Plaintiff registered the accommodation business under its name, and started to operate the Eelel from January 15, 2012.

C. Around June 2012, the Plaintiff employed the Defendant, a child of C, as an employee of the Moel.

On June 19, 2013, the Plaintiff and C registered the accommodation business under a joint name.

E. On March 1, 2014, the Plaintiff, the Defendant, and C entered into an agreement to rent KRW 3 million per month to the Plaintiff, and to pay KRW 1.6 million per month in return for providing labor to the Plaintiff and C, respectively, from March 1, 2014 to February 28, 2016. The Defendant agreed to pay KRW 1.6 million per month in return for providing labor to the Plaintiff and C, and to pay KRW 1.6 million per month in return for providing labor to the Plaintiff.

(F) From May 8, 2014 to May 20, 2015, the sum of KRW 43.1 million was deposited in the savings account under the name of the Defendant or C in the name of the Plaintiff (i.e., rent 41.5 million KRW 1.6 million).

G. From November 1, 2015, a third party leased and operated Eelhers from the Plaintiff and C.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 9, part of the witness C's testimony (except for the part not trusted in the front) and the purport of the whole pleadings

2. According to the above facts of recognition, it is reasonable to view that the instant agreement was terminated on October 31, 2015 as the third party acquired and operated the Eel from November 1, 2015.

Therefore, barring any special circumstance, the Defendant excluded the Plaintiff from the monthly rent of KRW 60 million calculated by applying the rate of KRW 3 million per month from March 1, 2014 to October 31, 2015 pursuant to the instant agreement, excluding KRW 41.5 million per month rent already paid to the Plaintiff (=3 million per month x 20 months).

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