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(영문) 인천지방법원 2018.02.09 2015가단19765
임대료등
Text

1. The Defendant shall pay to the Plaintiff KRW 129,863,328 and the interest rate of KRW 15% per annum from June 22, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On April 20, 201, the Plaintiff: (a) leased 330 square meters of a factory located in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant factory”); (b) prepared a factory lease agreement with the following contents.

Article 2

1. Lease period: From April 21, 201 to April 20, 2013, and from April 20, 2011 to April 20, only one party between both parties shall automatically extend the lease period for one year, unless a written notice of the expiration of the contract is given by either party, unless the period expires;

3. Rent: Monthly rent of 2,00,000 won (excluding value-added tax) Article 4 Section 4 A shall impose taxes and public charges on the portion of a factory building, and subparagraph B shall bear the various management expenses (such as electricity, water supply, cleaning, repair and general management expenses).

Article 13 (Defendant) The electric contract capacity of Article 13 (Defendant) shall be 70kmW.

1) The Defendant (Defendant) without the Plaintiff’s consent to prevent excess of the contractual capacity of electric facilities in the workplace, and all the responsibilities arising from excess of the contractual capacity are borne by the Defendant (Defendant). B. Under the above lease agreement, the Defendant used the instant factory from April 20, 201 to January 31, 2016, and removed the Plaintiff on January 31, 2016, and the Plaintiff imposed on the Defendant for the aforementioned period the management expenses, such as electric charges, water charges, and wastewater treatment expenses, and the electric charges were calculated on the basis of 227kW. C. The amount unpaid by the Defendant out of the management expenses imposed by the Defendant by the time of leaving the Defendant is KRW 129,863 and 328. The Defendant paid KRW 20 million out of the lease deposit amount of the instant factory, and the remainder is not paid KRW 20 million. [In the absence of dispute as to recognition, the purport of each of the Defendant’s evidence, evidence No. 1, 281-1,321-1-31-2, and

2. The assertion and judgment

A. The gist of the parties' assertion is 129,863,328 won of the unpaid management expenses and the unpaid deposit amount of KRW 20,000,000,000 which the plaintiff must return to the defendant upon termination of the contract. The plaintiff's assertion is 129,863.

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