(영문) 울산지방법원 2017.10.25 2016가합24204

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(영문) 울산지방법원 2017.10.25 2016가합24204

추심금

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1. The Defendant’s KRW 108,000,000 as well as 5% per annum from December 16, 2016 to October 25, 2017 to the Plaintiff.

Reasons

Basic facts: (a) around November 2014, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to a commercial building, such as 105, Busan Shipping Daegu C, which was registered as B owned by the Defendant (hereinafter “instant commercial building”); and (b) the instant lease agreement entered into a lease agreement as the lessor.

The main contents of the instant lease agreement are as follows.

A commercial lease agreement (monthly lease agreement)

1. The entire portion to be leased under 105, 114, 115, 116, 117, on the first floor of a building 105, located in the location of indication of real estate;

2.(Purpose)The lessor and the lessee (the Defendant) will pay the lease deposit and the rent, upon consultation, only for the lease of the above real estate:

The rent shall be paid in advance on the first day of each month.

Article 2 (Duration) The lessor shall deliver the said real estate to the lessee by November 1, 2014 in a condition that it can be used for the purpose of the lease, and the lease period shall be from the date of delivery to July 31, 2016 (21 months).

The special agreement is a contract that leases all units of 105, 114, 115, 116, and 117 (18.5 square meters).

Management expenses shall be borne by the lessee from the contract date.

For three months from the commencement date of the lease, the period of siren (free lease) shall be three months.

From February 1, 2016, monthly rent is raised as KRW 5,000 ( KRW 5,000,000).

VAT of the monthly rent is separate, and it shall be transferred to the account of the lessor in advance on the first day of each month.

On the other hand, in addition to the above contents, the commercial building lease agreement (No. 1) submitted by the defendant is stated as follows.

The rent for the purpose of facilitating the special contract for commercial buildings (payment from six months to six months), if requested by the lessee, shall not be for the term of the contract, and shall be for the extended period.

A lessee (Defendant) shall have the premium upon the occurrence of the premium.

The plaintiff's seizure and collection order of KRW 10 million as management expenses is issued on November 2, 2013.

유사 판례

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