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Reasons
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(영문) 전주지방법원 2017.11.29 2016가단28387
임대료 등 청구의 소
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1. The Defendant’s KRW 48,790,263 among the Plaintiff and KRW 47,835,483 among the Plaintiff, shall be from March 14, 2017, and KRW 954,780.

Reasons

1. Facts of recognition;

A. On October 23, 2012, the Plaintiff acquired the ownership of the building on the ground C (hereinafter “instant building”) in Seongdong-gu, Seongdong-gu, Seoul (hereinafter “instant building”), which was owned by the Self-Name Drug Distribution Center, and the Defendant is the lessee of the instant building.

B. On January 14, 2013, the Plaintiff entered into the instant lease agreement with the Defendant and the instant building (hereinafter “instant lease agreement”) with the terms of lease deposit of KRW 10 million, KRW 4 million per month, monthly rent of KRW 4 million (including value-added tax, the last day of each month), and the term of lease from January 14, 2013 to 24 months (hereinafter “instant lease agreement”).

(2) The Defendant operated the restaurant with the trade name “D” in the instant building.

C. On January 12, 2015, the Plaintiff renewed the instant lease agreement with the Defendant and the instant building with the terms of leasing KRW 10 million per month, KRW 4 million per month (excluding value-added tax, and KRW 5 million per month), and the term of lease from January 13, 2015 to December 12, 2016. (2) On January 12, 2016, the Plaintiff renewed the instant lease agreement with the Defendant and the instant building with the terms of leasing the instant building with the term from January 13, 2016 to December 12, 2016.

(1) From September 1, 2016, the Defendant did not operate the restaurant in the instant building; and the Defendant’s rent unpaid until September 4, 2016 to the Plaintiff is KRW 20,300,000 to the Plaintiff. (2) The Defendant delivered the instant building to the Plaintiff on March 13, 2017.

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

2. The Plaintiff’s assertion is obligated to pay to the Plaintiff the amount of unpaid rent and unjust enrichment equivalent to KRW 48.3 million, agreed amount of KRW 20,000,000, and the amount of electricity fee of KRW 954,780, and damages for delay.

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