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(영문) 창원지방법원밀양지원 2015.07.08 2014가단4547
임대료등
Text

1. The Defendant’s KRW 14,00,000 as well as the Plaintiff’s annual rate of KRW 5% from November 25, 2014 to July 8, 2015.

Reasons

1. Basic facts

A. On December 27, 2011, the Plaintiff entered into a contract with the Defendant for the lease of KRW 1,100,000 per monthly rent from January 5, 2012 to January 4, 2014 (hereinafter “instant lease contract”) with the lease deposit amount of KRW 1,30,000,000 for the whole of the building in Changwon-si (hereinafter “instant building”) and agreed on September 5, 2012 to increase the monthly rent of KRW 1,30,000 instead of receiving the lease deposit. On September 21, 2012, the Plaintiff agreed to reduce the monthly rent of KRW 1,00,000 from September 5, 2012 to extend the lease term by September 4, 2014.

B. The Defendant is occupying the instant building on January 5, 201 pursuant to the instant lease agreement upon delivery.

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 and 3, the purport of the whole pleadings

2. The Defendant asserted that the Plaintiff did not pay KRW 14,00,000 for March, August, 2013, October, 2013 to September 14, 2014.

When the Plaintiff and the Defendant delayed the payment of monthly rent for at least seven days at the time of the conclusion of the instant lease agreement, they agreed to pay a penalty of KRW 11,000 per day from the date of delay in addition to the penalty for the violation of the said agreement. The Defendant deposited the rent for February 5, 2012 from February 14, 2012, which was nine days before the agreed date of payment, and the amount of violation of the said agreement is KRW 9,000, and the amount of February 5, 2013 was deposited on February 12, 2013; KRW 77,000 on March 12, 2013; KRW 130 on June 5, 2013; KRW 130 on June 13, 2013 on deposit from the agreed date of payment on March 8, 2013; and KRW 135,000 on May 13, 2013; and deposit the agreed amount from the agreed date of payment.

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