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Reasons
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(영문) 광주지방법원 2016.06.17 2015가단513027
건물
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1. The defendant

A. At the same time, the Plaintiff received KRW 100,000,000 from the Plaintiff, the first floor among the buildings indicated in the attached Form is 366.

Reasons

1. Facts of recognition;

A. On September 2, 2009, the Plaintiff entered into a contract with the Defendant under which the term of lease was from February 28, 2009 to February 27, 201, the lease deposit was KRW 100,000, the lease deposit was KRW 400,000 until February 27, 201, and the rent was KRW 4,50,000, and the thereafter monthly 4,500,000, and the purpose of the lease was to enter into a lease agreement with the entertainment room and the subdivision (hereinafter “existing lease agreement”).

B. From the beginning date of the above lease term to August 30, 201, the sum of rent to be paid by the Defendant to the Plaintiff for 30 months from August 30, 20129,000,000 ( KRW 4,00,000 x 12 months x 4,500,000 x 18 months). The sum of the rent actually paid to the Plaintiff is KRW 81,70,000.

C. On August 31, 201, the Defendant paid KRW 20 million to the Plaintiff. D.

On August 31, 2011, the Plaintiff and the Defendant changed the lease contract under paragraph (a) from August 31, 2011 to January 31, 2014, and the rent to KRW 3,500,000 per month, while the lease contract under paragraph (a) was changed to KRW 2,00,000 per month for four months during the summer and winter vacation.

(hereinafter referred to as the “instant modified lease agreement”). E.

According to the instant modified lease agreement, the sum of rents that the Defendant should have paid to the Plaintiff for 43 months from August 31, 2011 to April 30, 2015 (14 months during the vacation period) is KRW 129,50,00 ( KRW 3,500,000 x KRW 2,000 x 14 months x 14 months). The sum of the rents actually paid is excluded from the sum described in subparagraph 1-C of KRW 84,920,00,000, total amount of KRW 81,520,000,000, and the sum of the rents paid to the Plaintiff by the Plaintiff pursuant to subparagraph 8-2 and the purport of the entire pleadings.

F. The Plaintiff wishes to terminate the instant modified lease agreement on the ground of the Defendant’s delinquency in rent by serving the instant complaint.

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