logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.10.29 2015가단5559
점포인도등
Text

1. The defendant received KRW 30 million from the plaintiff and simultaneously received the payment from the plaintiff, the first floor among the buildings listed in the attached Table 117.

Reasons

1. Basic facts

A. On January 15, 2012, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit of KRW 30 million, monthly rent of KRW 1.5 million, management fee of KRW 80,000, and the lease period of January 15, 2012 as between January 15, 2012 and January 15, 2015 (hereinafter “instant lease agreement”), and received the lease deposit from the said Defendant, and delivered the instant leased object.

B. The Defendant did not pay the rent at the time. On October 7, 2014 and January 14, 2015, the Plaintiff notified the Defendant by content-certified mail that “The instant lease contract is terminated because the Defendant was not paid the rent for six months from March 15, 2013 to August 15, 2013 and the rent for three months from June 14, 2014 to August 14, 2014, respectively.” However, the Defendant did not deliver the leased object so far.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including paper numbers) and the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, barring any special circumstance, the instant lease agreement was lawfully terminated upon the Plaintiff’s declaration of termination on the ground that the Defendant was in arrears several times, barring any special circumstance, and thus, at the same time, the Defendant is obligated to pay the Plaintiff a deposit of KRW 30 million from the Plaintiff, and at the same time, return the leased object of this case to the Plaintiff. From January 15, 2015 when the instant lease agreement was terminated to the date when delivery of the leased object of this case is completed, the Defendant is obligated to pay KRW 1,738,00 per month (= KRW 1,50,000,000,000 for monthly rent of KRW 1.5 million

3. Judgment on the defendant's assertion

A. The defendant's assertion that there is a delay in payment of rent, but this could have been paid late due to the plaintiff's understanding, and it is a lease that is protected by the Commercial Building Lease Protection Act.

arrow