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Reasons
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(영문) 서울서부지방법원 2016.12.20 2016가단244579
기타(금전)
Text

1. The defendant

A. Two-story housing and D. D. on the ground of Seodaemun-gu Seoul Seodaemun-gu Seoul, Seoul, and the roposite reinforced concrete structure.

Reasons

1. Basic facts

A. On August 5, 2014, the Plaintiff leased to the Defendant the monthly rent of KRW 7,500,000 from August 18, 2014 to August 17, 2016, the monthly rent of KRW 180,000,00 for two years, the rent of KRW 180,000,00 for two years from August 18, 2014.

[However, as the special agreement, KRW 90,00,00 per year from August 18, 2014 to August 17, 2015 (i.e., KRW 7,50,000 x 12 months) is first paid in advance, and 90,000,000 annual rent from August 18, 2015 to August 17, 2016 (i.e., the instant lease agreement) is to be paid in advance. (b)

The Defendant paid KRW 90,00,000 for rent from August 18, 2014 to August 17, 2015 under the instant lease agreement. However, the Defendant did not pay KRW 90,000,000 for rent from August 18, 2015 to August 17, 2016, until June 17, 2015, but did not pay KRW 90,000 for rent until June 17, 2015; KRW 17,00,000 for the same month; KRW 3,00,000 for the same month; KRW 3,00,000 for the same month; KRW 9,00,000 for the same month; KRW 15,000 for the same month; KRW 15,000 for the same month; KRW 100,00 for the same month; KRW 30,000 for the same month; KRW 30,005; and

totaling KRW 75,000,000;

C. On January 18, 2016, the Plaintiff sent to the Defendant a certificate proving that the instant lease contract is terminated on the grounds of the Defendant’s delinquency in payment of rent of KRW 15,000,000.

On October 10, 2016, the Defendant paid 24,000,000 won to the Plaintiff in the instant trial, and is also residing in the instant real estate until the closing of the argument.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant lease agreement was terminated by the Plaintiff’s declaration of intent to terminate the contract on January 25, 2016 due to the Defendant’s delinquency in the payment of rent.

1 The Defendant shall pay the Plaintiff the unpaid rent of KRW 15,00,000 and 5% per annum from February 25, 2016 to October 10, 2016.

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